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Simple English definitions for legal terms
investigative detention
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A quick definition of investigative detention:
Investigative detention is when the police hold someone for questioning during an investigation of a crime, but without formally arresting them. This can only happen if the police have a good reason to suspect that the person was involved in the crime. It's important to remember that this kind of detention is only allowed if there is probable cause. This means that the police must have a good reason to believe that the person they are detaining was involved in the crime.
A more thorough explanation:
Definition: Investigative detention is the holding of a suspect without formal arrest during the investigation of their participation in a crime. This type of detention is constitutional only if there is probable cause.
Example: If the police suspect someone of committing a crime, they may detain them for questioning without formally arresting them. This is investigative detention. However, if they do not have probable cause, the detention would be unconstitutional.
Another example: In a juvenile delinquency case, the court may order the detention of a juvenile charged with a crime if they believe that releasing the juvenile would create a serious risk of them committing another crime before their probable-cause hearing. This is also an example of investigative detention.
These examples illustrate how investigative detention is used to hold suspects during the investigation of a crime, but only if there is probable cause. It is important to note that investigative detention is not the same as pretrial detention or preventive detention, which have different legal requirements and purposes.