In what situation is a peace officer's assertion of authority not a detention?

A peace officer's assertion of authority is not considered a detention when the individual is free to leave. This principle is rooted in the understanding of what constitutes a "detention" as opposed to a mere encounter with law enforcement. Detention implies that a person's freedom of movement is restricted, typically requiring reasonable suspicion of criminal activity.

In scenarios where an individual is free to leave, they are not being compelled to remain in the presence of the officer, which means no detention has occurred. The interaction may still be a voluntary encounter, where the person can choose to engage with the officer or walk away without facing any legal consequences. This distinction is crucial since it affects the legal responsibilities and rights of both the officer and the individual in a given situation.

The other options involve scenarios that would typically indicate a level of authority or control over an individual that could define the interaction as a detention. Probable cause suggests a level of sufficient evidence that may lead to an arrest, while the ability to conduct a search implies a legal threshold has been met that would likely mean the individual is not free to leave. Physical restraint clearly indicates a restriction on freedom of movement, further solidifying the notion of detention. Thus, the correct understanding of when an individual is free to leave