Investigative detention Flashcards
Define investigative detention
The temporary restraint of a persons freedom to walk away
Sources that can be used to establish reasonable suspicion
Personal observation
Information from victim
Information from other Leo
You must have what to meet the terry standard
Meet a standard of reliability and must be sufficient
Terry frisk
(For weapons only), Must have a lawful stop
Reasonable suspicion the suspect is armed
Factors that may be considered in justifying a frisk
Type of crime involved Reputation of the person Time an place of stop Sudden movement Bulge in suspects pocket
Area of a frisk
if facts justify it, search can be continued to hand held items or vehicles
Site of detention
Most detentions happen on the street in the presence of motorist or pedestrians
Moving a suspect short distance is permissible when?
To afford better lighting
To permit officer to use car radio
To prevent a traffic hazard
To avoid a hostile crowd
Pennsylvania v. Mimms
Order the driver out of the car
Maryland v. Wilson
Order the passengers out the car
Duration of detention
May detain a suspect for a reasonable amount of time