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Police Powers

A police officer asks someone to remain where they are but says they are not under arrest — are they being detained?

Discussion in 'Police Powers' started by John, 24 Aug 2026.

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What's your take on this — what experience or question can you share?

24 Aug 2026

JohnNew Member

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Scenario: A police officer approaches an individual on the street and asks them to remain where they are. The officer says: 'You are not under arrest, but I need you to stay here for a moment.' The individual is unsure whether they are free to leave.

Question: Is this person being detained? What test would a court apply to determine whether a detention has occurred? What rights does the individual have in this situation, and at what point does a voluntary encounter become a detention requiring legal justification?

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A police officer asks someone to remain where they are but says they are not under arrest — are they being detained?

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