Section 1.9 Arrest and Detention Compared

• Library: Criminal Practice 2012 Supp

E. (§1.9) Arrest and Detention Compared

While there is no bright-line test for distinguishing between investigatory stops and arrests, it is clear that an arrest involves a more intrusive and lengthy search or detention and is justified only by the existence of probable cause. See United States v. Sharpe, 470 U.S. 675, 685–86 (1985); United States v. Jones, 759 F.2d 633, 636 (8^th Cir. 1985); State v. Pfleiderer, 8 S.W.3d 249 (Mo. App. W.D. 1999). Suspicion alone is not enough to show probable cause. When multiple police officers are working together to effect an arrest or engage in an investigatory stop, the Fourth Amendment is satisfied if the information known by all the officers collectively amounts to probable cause or reasonable suspicion. Id. at 254.

When a detaining officer’s conduct during an investigative stop is more intrusive than necessary to investigate the...