What factors are relevant to determining whether a suspect has been formally arrested?

California, United States of America


The following excerpt is from People v. Bailey, E053496 (Cal. App. 2012):

"California courts have identified a number of factors relevant to this determination. While no one factor is conclusive, relevant factors include: '"(1) [W]hether the suspect has been formally arrested; (2) absent formal arrest, the length of the detention; (3) the location; (4) the ratio of officers to suspects; and (5) the demeanor of the officer, including the nature of the questioning.'" [Citations.] (People v. Bejasa, supra, 205 Cal.App.4th at pp. 35-36.) "While a reviewing court must apply a

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