Which of the following is NOT a key factor of De Facto arrest?

The concept of a De Facto arrest involves circumstances where a person's freedom of movement is restricted to the degree that it could be viewed as an arrest, even if no formal arrest has been made. Understanding the key factors that influence whether a De Facto arrest is taking place is crucial.

Formal consent from the individual is not a key factor in determining a De Facto arrest. In fact, if an individual provides formal consent, it implies that they are voluntarily engaging with law enforcement and not being detained against their will. The essence of a De Facto arrest lies in the lack of voluntary consent; rather, it often involves coercion or the perception that the individual is not free to leave.

The other options reflect components that could indicate a De Facto arrest. The use of excessive force, the length of the stop, and the utilization of handcuffs or containment are all factors that may suggest that the individual's liberty is being curtailed to an unlawful degree, thus constituting an arrest-like scenario without the formalities of an official arrest.