Legal Definitions - investigatory stop

An investigatory stop is a brief, temporary detention of an individual by law enforcement officers. It allows officers to briefly question a person or investigate suspicious circumstances without making a full arrest. For an investigatory stop to be lawful, officers must have "reasonable suspicion" that the person has committed, is committing, or is about to commit a crime. This standard is less demanding than "probable cause," which is required for an arrest, but it must be based on specific, articulable facts and rational inferences, not just a mere hunch.

An investigatory stop is often referred to as a "Terry stop," named after the Supreme Court case Terry v. Ohio, and is the "stop" component of a "stop and frisk." If, during an investigatory stop, an officer also has reasonable suspicion that the person is armed and dangerous, they may conduct a limited pat-down search for weapons, known as a "frisk."

• Example 1: The Suspicious Vehicle in a Residential Area

  A police officer on patrol at 3:00 AM observes a vehicle driving slowly through a quiet residential neighborhood, repeatedly circling the same block. The vehicle's headlights are off, and the driver appears to be peering into driveways and parked cars. The area has recently experienced a series of garage break-ins.

  Explanation: The officer has reasonable suspicion that the driver may be casing homes for a potential burglary or theft. The unusual driving pattern, the late hour, and the recent crime wave in the area provide specific, articulable facts to justify a brief investigatory stop. The officer can pull over the vehicle to question the driver about their presence and activities in the neighborhood, aiming to confirm or dispel the suspicion of criminal intent.

• Example 2: Matching a Robbery Suspect's Description

  A bank teller reports a robbery, describing the suspect as a tall male with a distinctive scar on his left cheek, wearing a blue baseball cap and a dark jacket, last seen fleeing on foot towards the downtown area. Ten minutes later, an officer patrolling two blocks from the bank spots a man matching that exact description, walking quickly and looking over his shoulder repeatedly.

  Explanation: The officer has reasonable suspicion that this individual might be the robbery suspect because his physical appearance, clothing, and proximity to the crime scene, combined with his hurried and nervous demeanor, closely match the witness's description. The officer can perform an investigatory stop to briefly detain the man, ask for identification, and inquire about his recent whereabouts. This temporary detention allows the officer to quickly confirm or dispel their suspicion without immediately making an arrest.

• Example 3: Observing Drug Paraphernalia

  An officer responds to a noise complaint at a public park late at night. Upon arrival, the officer observes two individuals sitting on a bench. As the officer approaches, one individual quickly attempts to conceal a small glass pipe and a plastic baggie containing a green leafy substance under the bench. The smell of burnt marijuana is also noticeable.

  Explanation: The officer has reasonable suspicion that the individuals are engaged in illegal drug activity based on the visible drug paraphernalia, the attempt to conceal it, and the distinct odor of marijuana. This allows the officer to conduct an investigatory stop, briefly detaining the individuals to question them about the items and their activities, and to further investigate the potential crime.