A de facto arrest is a detention without probable cause that is factually indistinguishable from an arrest.

Question

Quizplus · Accepted Answer

A de facto arrest is often referred to as a "functional arrest" or "quasi-arrest" and refers to a situation where a person is deprived of their freedom in a way that is equivalent to an arrest, even if there was no explicit intent to make an arrest and no formal charges have been filed. This can occur, for example, if a person is forcibly restrained, coerced, or threatened into going somewhere against their will or if they are detained for an unreasonably long time without being informed of their rights or being given a valid reason for the detention. While there may not be probable cause for an arrest, a de facto arrest still violates a person's Fourth Amendment rights and can lead to legal repercussions for the law enforcement officers or agencies involved.

A De Facto Arrest Is a Detention Without Probable Cause