Legal Definitions - investigatory detention

Investigatory detention refers to a brief, temporary seizure of an individual by law enforcement officers when they have a reasonable suspicion that the person is involved in criminal activity. This type of detention is less restrictive than a full arrest and is permitted to allow officers to quickly investigate the suspicious circumstances. During an investigatory detention, the individual is not free to leave, but the interaction must be limited in scope and duration, focused solely on confirming or dispelling the officers' suspicion. It requires more than a hunch but less than the probable cause needed for an arrest.

• Example 1: A police officer patrolling a quiet residential neighborhood late at night observes an individual peering into car windows and attempting to open car doors. The officer approaches the individual and asks them to stop.

  How it illustrates the term: The officer has a reasonable suspicion that the individual is attempting car break-ins based on their observed actions. The officer can briefly detain the person to ask questions about their presence and actions, check for identification, and observe their demeanor. This is an investigatory detention because it's a temporary stop based on specific, articulable facts suggesting criminal activity, allowing the officer to investigate further without immediately making a full arrest.

• Example 2: A store security guard alerts a police officer that a person matching the description of a known shoplifter, who frequently targets that store, has just entered. The officer sees a person matching the description behaving suspiciously, looking around nervously and carrying a large, empty bag.

  How it illustrates the term: The officer has reasonable suspicion based on the security guard's tip and the individual's suspicious behavior (matching a known shoplifter, nervousness, empty bag). The officer can briefly stop the person inside or just outside the store to inquire about their identity and purpose, and to observe if they have concealed merchandise. This brief stop to investigate potential shoplifting is an investigatory detention.

• Example 3: During a lawful traffic stop for a broken taillight, the officer notices a strong odor of marijuana emanating from the vehicle and observes the driver making furtive movements towards the glove compartment.

  How it illustrates the term: While the initial stop was for a traffic violation, the additional observations (odor of marijuana, furtive movements) create a new, reasonable suspicion that the driver might be involved in drug possession. The officer can extend the detention beyond the initial traffic stop to investigate this new suspicion, perhaps by asking questions about the odor or requesting to search the glove compartment. This extension, based on new reasonable suspicion, constitutes an investigatory detention aimed at uncovering potential drug activity.