Legal Definitions - investigatory stops

An investigatory stop is a brief, temporary detention of a person by law enforcement, which is less formal than a full arrest. For an officer to legally conduct an investigatory stop, they must have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. This reasonable suspicion cannot be a mere hunch; it must be based on specific, observable facts and circumstances that an officer can clearly explain. The purpose of such a stop is to allow the officer to quickly confirm or dispel their suspicions through a brief interaction.

Here are a few examples illustrating investigatory stops:

• Example 1: Vehicle Stop

  Police receive a report of a convenience store robbery where the suspect fled in a distinctive blue pickup truck with a broken taillight. Minutes later, an officer spots a blue pickup truck with a broken taillight driving a few blocks from the store. The officer has reasonable suspicion based on the specific and articulable facts (matching vehicle description, proximity to the crime scene, and timing). This allows the officer to briefly stop the truck to investigate further, perhaps to observe the driver and occupants or ask for identification, without immediately arresting them.

• Example 2: Pedestrian Stop

  Late at night, an officer observes an individual repeatedly peering into the windows of several closed businesses on a commercial street, then quickly ducking behind parked cars when another vehicle passes. The individual is also carrying a crowbar. The officer has reasonable suspicion based on the specific actions (repeatedly looking into closed businesses, evasive behavior, and possession of a tool commonly used in burglaries). The officer can briefly stop the person to ask questions about their identity and purpose in the area, and to investigate whether they are attempting to commit a burglary.

• Example 3: Public Gathering

  During a large outdoor concert, an officer notices a person in the crowd openly attempting to sell small, unmarked pills to several other attendees, discreetly exchanging money for the pills. The officer has reasonable suspicion based on the specific and observable facts (the act of exchanging pills for money in a manner consistent with drug dealing). This allows the officer to briefly approach and detain the individual to question them about their activities and the nature of the items being exchanged, before deciding if a full arrest is warranted.