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

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.

About Wallin & Klarich


Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.