Also known as: detentions for investigation · detention for investigations · investigative detention · investigatory detention
Written by attorneys · grounded in primary & secondary sources — see below
A brief seizure of a person by law enforcement for the purpose of investigating possible criminal activity. Officers may conduct such a detention when they possess reasonable suspicion based on specific and articulable facts that criminal activity is afoot. Transporting the person to a station house for questioning converts the encounter into the functional equivalent of an arrest that requires probable cause.
Darrell Duncan was questioned at his workplace about possible sabotage. Officers directed him into a squad car and transported him to the station for fingerprinting and several hours of interrogation based only on a supervisor's report of an argument over overtime. The seizure became the functional equivalent of an arrest unsupported by probable cause.
Denise Donovan lingered near a bank ATM after closing, repeatedly stepping forward while watching customers and patting her waistband. An officer approached and detained her briefly for investigation based on those observations. The limited on-scene stop was justified by reasonable suspicion and did not require probable cause.
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Reasonable suspicion supported by specific and articulable facts that criminal activity is afoot. Courts evaluate the totality of the circumstances and allow officers to draw on training and experience even when individual facts appear innocent.
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When officers take the person into custody and transport them to a station house for questioning or fingerprinting. Such a seizure is the functional equivalent of an arrest and requires probable cause rather than reasonable suspicion.
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Yes. The totality of the circumstances test permits officers to consider multiple factors that are each consistent with innocence when those factors together create a particularized and objective basis to suspect criminal activity.
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No. An anonymous tip must bear sufficient indicia of reliability, such as accurate predictions of future conduct demonstrating inside knowledge, before it can contribute to reasonable suspicion.
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…supported by articulable facts that criminal activity may be afoot,' even if the officer lacks probable cause." This form of investigative detention has become known as a Terry stop. "While reasonable suspicion' is a less demanding standard than probable cause and requires a showing considerably less than preponderance of the…