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An actual arrest is defined by the physical apprehension of the suspect, which means that the law enforcement officer takes control over the individual, typically by physically restraining them or placing them in handcuffs. This element is crucial because it signifies that the suspect's freedom of movement is restricted in a way that is clear and overt, demonstrating the intent of the authorities to take the individual into custody.

In contrast, constructive arrest refers to situations where an individual is not physically restrained but is nonetheless made to feel that they are not free to leave due to the circumstances created by law enforcement. For instance, if an officer gives commands that imply a suspect is not free to walk away, it might constitute a constructive arrest without physical apprehension.

The presence of police can support both actual and constructive arrests but does not in itself define the difference. Similarly, the method of observation relates more to the actions taken by law enforcement prior to an arrest rather than defining the nature of the arrest itself. Prior notice to the suspect, while relevant to the context of an arrest, does not determine if the arrest is actual or constructive. Therefore, the clear and decisive element that differentiates an actual arrest is the physical apprehension of the suspect.