“Reasonable Person Free to Leave” Standard Used to Determine if an Arrest Was Made

By: Wallin & Klarich

To decide if an arrest was made, courts consider where “in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” (United States v. Mendenhall, 466 U.S. 544, 1980).

An arrest must be based upon probable cause to believe that a crime was committed and that the arrestee committed it (Beck v. Ohio, 379 U.S. 89, 1964).

If you have questions about the lawfulness of an arrest or any criminal defense questions contact the California skilled criminal defense lawyers from Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com.

Posted In: Criminal Defense