Police Magazine Logo
MenuMENU
SearchSEARCH

Justifying Temporary Detentions

When a marked police car pulls into a high-crime area and people start running away for no apparent reason, this is reasonable suspicion to stop them.

March 2, 2010
Justifying Temporary Detentions

 

6 min to read


Since the 1968 decision in Terry v. Ohio, the U.S. Supreme Court has divided police infringements on a suspect's liberty into two principal categories: detentions and arrests.

A detention occurs when an officer has said or done something that would cause a reasonable innocent person to believe he is not free to disregard the police presence and go about his business. (Florida v. Bostick) A detention must be justified by "reasonable suspicion" of criminal activity on the part of the detainee. Under this standard, it is counter-productive error for officers to speak of "PC for the stop." Probable cause is never constitutionally required for detentions. (US v. Sokolow)

Ad Loading...

An arrest occurs when a person is told he is under arrest and submits to custody, or when the person is restrained beyond the bounds of a temporary detention (such as being involuntarily transported to the police station for investigation). (Kaupp v. Texas) An arrest must be supported by "probable cause" to suspect the arrestee of a criminal act. (Beck v. Ohio) Although it isn't always easy to determine when an encounter that starts as a detention ripens into an arrest, some of the characteristics of each level can be set apart.

Assorted Detentions

Detentions include the pedestrian stop, the vehicle stop, and the restraint of occupants while a search warrant is being served. The lawfulness of this latter kind of detention is rarely in question, because the Supreme Court has ruled that the existence of a valid search warrant "implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted." (Michigan v. Summers) The lawfulness of ped stops and vehicle stops, on the other hand, has been the subject of numerous decisions attempting to define the circumstances that may justify the detention, and to set the boundaries of permissible investigative activity.

What Does "Reasonable Suspicion" Mean?

Reasonable suspicion is "a particularized and objective basis for suspecting the particular person stopped of criminal activity." (US v. Cortez) The facts known to the officer and the inferences drawn based on the officer's training and experience "need not rule out the possibility of innocent conduct." (US v. Arvizu) Reasonable suspicion is a lower level of justification than the probable cause required for arrest, and it can be established with evidence that is lower in both reliability and amount than would be needed for PC, as the court has said in a pair of decisions:

Ad Loading...

"The police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot, even if the officer lacks probable cause. The officer, of course, must be able to articulate something more than an inchoate and unparticularized suspicion or hunch.

"The level of suspicion required for a detention is obviously less demanding than that for probable cause. The Fourth Amendment requires some minimal level of objective justification for making the stop. That level of suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence." (US v. Sokolow)

"Reasonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause." (Alabama v. White)[PAGEBREAK]

What Could Justify a Detention?

The Supreme Court has considered several common circumstances that might be relied on by law enforcement officers to initiate an investigative detention. These cases create a list of factors that can be used to show that a ped stop or car stop was reasonable under the Fourth Amendment.

Ad Loading...

Collective knowledge: "Effective law enforcement cannot be conducted unless police officers can act on directions and information transmitted by one officer to another. This rule is a matter of common sense and enables officers in one jurisdiction to act promptly in reliance on information from another jurisdiction." (US v. Hensley)

The "collective knowledge doctrine" permits a vehicle stop based on a wanted flier, a radio broadcast, or an NCIC hit. It also permits a sergeant or detective who sees a suspected impaired driver to radio the pertinent information to a patrol officer, who can then lawfully stop the vehicle.

Observations, training, and experience: "When discussing how reviewing courts should make reasonable-suspicion determinations, we have repeatedly said that they must look at the totality of the circumstances of each case to see whether the officer has a particularized and objective basis for suspecting legal wrongdoing. This process allows officers to draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that might well elude an untrained person." (US v. Arvizu)

Drug courier profiles: Although hunches and racial profiles cannot form the basis of a stop, specific traits of particular kinds of criminals may. For example, a nervous traveler who buys a roundtrip airline ticket from a drug source city to a distribution hub with only hours before the turnaround and who pays cash and carries no luggage, fits a courier profile known to well-trained narcotics investigators, justifying an investigative detention. (US v. Sokolow)

Unprovoked flight in a high-crime area: There is nothing particularly suspicious about a person's mere presence in a high-crime area, since some people live in such places or must travel through them. (Brown v. Texas) However, when a marked police car pulls into a high-crime area and people start running away for no apparent reason, this is reasonable suspicion to stop them. "Headlong flight-wherever it occurs-is the consummate act of evasion: it is not necessarily indicative of wrongdoing, but is certainly suggestive of such." (Illinois v. Wardlow)

Ad Loading...

Traffic violations: An officer who suspects the driver or passengers of a vehicle of criminal behavior is allowed to use an observed traffic violation as a reason to stop the vehicle for a brief investigation, during which observations and questioning may establish PC for an arrest. (Arkansas v. Sullivan; Virginia v. Moore)

Checkpoints: Law enforcement agencies may establish detention checkpoints to look for illegal aliens entering the country (US v. Cortez), to check for unlicensed drivers (Delaware v. Prouse; Texas v. Brown), to screen drivers for impairment (Michigan v. Sitz), to solicit witnesses to a recent crime (Illinois v. Lidster), or to catch a dangerous criminal who is likely to use a particular escape route. (Indianapolis v. Edmond)

Length of Detentions

"In assessing whether a detention is too long in duration to be justified as an investigative stop, we consider it appropriate to examine whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly." (US v. Sharpe) There is no set time limit on detentions; the length of the detention will depend on the circumstances. "Police often are not yet aware of the exact sequence and scope of events they are investigating-indeed, that is why police must investigate in the first place." (Texas v. Cobb)

Devallis Rutledge is a former police officer and veteran prosecutor who currently serves as Special Counsel to the Los Angeles County District Attorney. He is the author of 12 books, including "Investigative Constitutional Law."

Subscribe to our newsletter

More Patrol

Graphic titled “5 Things to Know When Buying Backup Lights” featuring a compact Streamlight flashlight attached to tactical gear. Police Law Enforcement Solutions branding appears in the lower corner against a dark, dramatic background.
PatrolMay 21, 2026

5 Things to Know When Buying Backup Lights for Patrol Use

What is the value of a backup light, and what do you need to consider when selecting one? These smaller lights are invaluable as a secondary or special-purpose light and can be easily carried in a pocket or clipped to MOLLE gear, a key chain, shirt, or a vest.

Read More →
graphic honoring fallen law enforcement officers featuring a uniformed officer holding a folded American flag, with bold text reading “2026 Roll Call of Heroes” and “363 Fallen Officers Honored,” alongside the National Law Enforcement Officers Memorial Fund logo.
PatrolMay 14, 2026

363 Fallen Officers Honored During National Police Week

In case you missed NELOMF’s annual Candlelight Vigil, here are all 363 names of the fallen officers whose names were added to the National Law Enforcement Officers Memorial this year.

Read More →
Graphic honoring New York City Police Department officers as “Officer of the Month” for March 2026. The image features portraits of Chief Aaron Edwards and Sergeant Luis Navarro alongside department and recognition text.
PatrolMay 14, 2026

NYPD Officers Who Responded Quickly During IED Incident Recognized as NLEOMF Officers of the Month

Chief Aaron Edwards and Sgt. Luis Navarro were recognized by NLEOMF as Officers of the Month for their response during an IED incident and their actions that helped prevent harm to the public.

Read More →
Ad Loading...
Infographic summarizing results from a national survey on policing reputation. Ten key findings cover public trust, communication, demographics, media influence, local policing, AI concerns, and emergency response, using charts, icons, and statistics throughout.
PatrolMay 14, 2026

National Police Survey Reveals How Americans View Policing Today

A new national survey offers a comprehensive look at how Americans view policing. The study uncovers public sentiment toward local vs. federal police, communications, crisis response, the use of AI in policing, and more.

Read More →
Product image of a Streamlight TLR-7 X tactical flashlight on a dark background. The compact black weapon-mounted light is shown in close-up beneath the Streamlight logo, highlighting its lens, controls, and mounting hardware.
PatrolMay 14, 2026

Streamlight TLR-7 X Selected as Standard Issue Pistol Light by Canadian Federal Police

The Canadian Federal Police will be adding a new duty pistol system, which will include Streamlight’s TLR-7 X and a Glock 45 MOS 7 pistol with a red dot sight.

Read More →
poeple dressed in dark clothing holding candles during a candlelight vigil.
PatrolMay 8, 2026

Fallen Law Enforcement Officers from Across the Country to be Honored During 38th Annual Candlelight Vigil on May 13th in Washington, D.C.

The National Law Enforcement Officers Memorial Fund (NLEOMF) will honor 363 fallen officers who have died in the line of duty as their names are added to the National Law Enforcement Officers Memorial during the annual Candlelight Vigil on May 13.

Read More →
Ad Loading...
Black small medical bag with supplies and a tourniquet at right on a wood table and a large headline at left What Should Be In Your IFAK?
Patrolby Wayne ParhamMay 1, 2026

What Should Be in Your IFAK?

What should every officer include in an IFAK? Sydney Vail, M.D., a veteran trauma surgeon and former SWAT surgeon, explains which components are needed and which are not, and stresses training.

Read More →
flashlight turn un and submerged in puddle with rain falling.
PatrolApril 30, 2026

Olight Releases 2 New Baton Variants & the ArkPro Ultra Onyx Black

Olight has added two new lights to the Baton Series, the Baton 4 and the Baton Ultra. One new Baton features up to 1,600 lumens on turbo, and the other 1,800.

Read More →
Black tactical helmet with bright explosion behind it to the left, Team Wendy logo top right, and headline Recon Tactical Bump Helmet
PatrolApril 30, 2026

Team Wendy Reveals New RECON Tactical Bump Helmet

Team Wendy’s new RECON Tactical bump helmet is configurable by color, retention, and accessories for rescue, tactical, and military mission needs. It features Zorbium foam pads, shell vents, and lattice cooling pads that balance impact absorption, airflow, and long-wear support.

Read More →
Ad Loading...
Black military style leather boot against a blue cobblestone background with a white Garmont Tactical logo.
PatrolApril 30, 2026

Garmont Tactical Introduces the T8 Specter LE Zip for LE Professionals

Garmont Tactical has a new 8-inch duty boot with a side zipper, the T8 Specter LE Zip. The boot is available now and features ankle support in a standard duty profile with polishable leather.

Read More →