So what is the specific action that legally defines when a suspect goes from “not under arrest” to “under arrest”? After all, there are specific rights and actions allowed under one but not the other. So how do the suspect and the police know and legally define when that change takes place?
Could is possibly be… The reading of the Maranda Rights?
This isn’t difficult.
He wasn’t under arrest from the first moment the police talked to him. That doesn’t mean he wasn’t at any subsequent point put under arrest.
So what is the specific action that legally defines when a suspect goes from “not under arrest” to “under arrest”? After all, there are specific rights and actions allowed under one but not the other. So how do the suspect and the police know and legally define when that change takes place?
Could is possibly be… The reading of the Maranda Rights?
No. Because the police don’t have to Mirandize someone when they arrest them.
The legal definition is when a reasonable person would no longer feel free to leave.