What is the term used for a situation where a person's freedom of movement is significantly restricted, but they are not formally arrested?

The term that accurately describes a situation where a person's freedom of movement is significantly restricted without a formal arrest is known as the functional equivalent of arrest. This concept relates to the idea that if a reasonable person would feel they were not free to leave due to the actions of law enforcement, even without formal arrest paperwork, it can be considered a functional equivalent. This understanding stems from the broader legal interpretations of custody, emphasizing that the nature of the interaction, until certain freedoms are curbed significantly, reflects an aspect of control by law enforcement, similar to an arrest.

In this context, functional equivalent of arrest is crucial for understanding when individuals may be considered in custody for the purposes of their rights, including the right to remain silent and the right to legal counsel. This highlights the importance of evaluating the conditions under which the individual finds themselves to understand the application of police procedures. Other terms may imply different legal or procedural nuances rather than describing the essence of significant freedom restriction while avoiding formal arrest.