Section 1.5 Investigatory Detention

• Library: Criminal Practice 2012 Supp

D. (§1.5) Investigatory Detention

The police have the right to briefly detain a person for investigative purposes even if there is no probable cause to arrest that person. To detain such a person, the police must have a reasonable suspicion supported by articulable facts of criminal activity or involvement in a completed crime. Terry v. Ohio, 392 U.S. 1 (1968). Therefore, the standard for making a valid Terry stop is lower than the standard for making a warrantless arrest. To make a warrantless arrest, an officer needs to have probable cause. To conduct the less intrusive “stop and frisk” or “investigative stop” allowed under Terry, an officer merely needs to have reasonable and articulable suspicion of criminal activity. Terry, 392 U.S. 1.

Once a valid investigatory stop has been made, an officer may pat a suspect’s outer clothing if the officer has reasonable, particularized suspicion that the suspect is armed. Id. The purpose of this limited search is to allow the officer to continue the investigation without fear of violence—not to discover evidence of a crime. Id. An officer’s investigation may include “request[ing]...