Legal Definitions - investigative detention

An investigative detention occurs when a law enforcement officer briefly stops and detains an individual for the purpose of investigating potential criminal activity. This type of stop is permissible when an officer has reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Reasonable suspicion is a lower legal standard than probable cause, which is required for an arrest. During an investigative detention, the individual is not free to leave, but the stop must be limited in scope and duration, lasting only as long as necessary to confirm or dispel the officer's suspicion.

• Example 1: Suspicious Behavior Near a Reported Crime
  Police respond to a report of a late-night burglary at a jewelry store. An officer patrolling a few blocks away observes an individual walking quickly down a dark alley, carrying a duffel bag, and frequently looking over their shoulder. The individual generally matches a vague description of a suspect provided by a witness (e.g., "wearing dark clothing").

  How it illustrates the term: The officer has reasonable suspicion, based on the individual's proximity to the crime scene, the time of night, the hurried pace, the duffel bag, and the furtive glances, to believe they might be involved in the burglary. The officer can conduct an investigative detention to stop the person, ask for identification, and inquire about their activities, without immediately arresting them. The person is not free to leave during this brief questioning.

• Example 2: Traffic Stop Leading to Further Suspicion
  A police officer pulls over a car because its license plate light is out, a minor traffic infraction. As the officer approaches the vehicle, they notice a strong odor of burnt marijuana emanating from the car's interior and observe a small, clear plastic baggie containing a green leafy substance on the passenger seat in plain view.

  How it illustrates the term: The initial traffic stop for the broken light is an investigative detention, as the officer has reasonable suspicion that a traffic law has been violated. The subsequent observations (smell of marijuana, visible baggie) provide new reasonable suspicion to extend the detention beyond the initial traffic violation to investigate potential drug possession. The driver is not free to leave until the investigation into both matters is concluded.

• Example 3: Matching a "Be On The Lookout" (BOLO) Description
  A local police department issues a "Be On The Lookout" (BOLO) alert for a person suspected of shoplifting from a department store, describing the suspect as a male, approximately 5'10", wearing a red baseball cap, a blue jacket, and jeans, last seen heading north from the store. Ten minutes later, an officer spots an individual fitting this exact description walking briskly about three blocks north of the store.

  How it illustrates the term: The officer has reasonable suspicion to believe this individual might be the shoplifting suspect described in the BOLO. The officer can initiate an investigative detention to stop the person, ask for their name, and inquire about their recent whereabouts, to confirm or dispel the suspicion. The individual is temporarily detained and not free to walk away during this brief inquiry.