Detainment / Arrest – Constructive Arrest

Constructive Arrest

Officers try to avoid physical force. A constructive arrest occurs when the person arrested submits to the control of the officer without the use of any physical force.

Circumstances can imply an arrest. Such as when an officer steps in front of a suspect and says, “Come with me.”

Simply telling a person that they are under arrest does not place them under lawful arrest. Actual or constructive custody must occur before a person is legally under arrest.