Legal Definitions - detain

In legal terms, to detain an individual means to temporarily hold them in custody or restrict their freedom of movement for investigative or security purposes. This action is typically carried out by law enforcement or other authorized officials.

For police in the United States, detaining someone usually requires reasonable suspicion – meaning there are specific, articulable facts that suggest the person is involved in, or about to be involved in, criminal activity. This standard is less stringent than probable cause, which is required for an arrest. A detention is generally a brief, temporary measure, distinct from a full arrest, which involves taking someone into more formal custody based on stronger evidence.

Here are a few examples illustrating how detention works:

• Example 1: Street Stop for Suspicious Behavior

  Police officers are patrolling a commercial district late at night, an area that has recently experienced a series of break-ins. They observe an individual repeatedly walking back and forth in front of a closed electronics store, peering intently into the windows and then quickly looking away when a car passes. Based on these observations, the officers develop reasonable suspicion that the individual might be casing the store for a burglary. They can then detain the person temporarily to ask questions, verify their identity, and investigate their suspicious behavior. This temporary restriction of freedom allows for an investigation without immediately escalating to an arrest.

• Example 2: Traffic Stop Leading to Further Investigation

  A police officer pulls over a vehicle because its driver failed to stop at a red light. This initial stop is a lawful detention based on a traffic violation. As the officer approaches the car, they notice a strong odor of alcohol emanating from the driver and see an open container in the passenger footwell. These new observations provide additional reasonable suspicion that the driver might be operating under the influence. The officer can then continue to detain the driver for a longer period to conduct field sobriety tests and further investigate the potential crime, which could eventually lead to an arrest if probable cause is established.

• Example 3: Airport Security Screening

  A traveler is preparing to board an international flight when their carry-on bag triggers an anomaly during the X-ray screening at the security checkpoint. Transportation Security Administration (TSA) agents ask the traveler to step aside for a secondary inspection of their bag. During this process, the traveler's freedom to proceed to their gate is temporarily restricted. This is a form of administrative detention, where the individual is held for a limited time to allow officials to ensure compliance with security regulations, even if there is no immediate suspicion of criminal activity.