Which of the following is NOT an element of a lawful arrest?

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A lawful arrest is determined by several essential elements that ensure the process adheres to legal standards. The first element is an intent to arrest, which indicates that the individual or law enforcement agent has a clear intention to take a person into custody. The second element involves actual or constructive seizure of the person, meaning there must be some physical action taken to assert control over the individual being arrested. Additionally, the arrest must be conducted under real or assumed legal authority, signifying the officer or individual has the legal right to perform the arrest.

The choice regarding a physical confrontation is not a required element for a lawful arrest. In fact, while some arrests may involve a confrontation, it is not a necessity for the legality of the arrest itself. A lawful arrest can occur without any physical struggle, as it often relies on communication, cooperation, or an individual's compliance. Therefore, the presence or absence of physical confrontation does not determine the lawfulness of an arrest; rather, it is the other elements that play critical roles.

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