the key element that differentiates a terry stop from an arrest is detention.
the key element that differentiates a terry stop from an arrest is detention.
the key element that differentiates a terry stop from an arrest is?
detention
a terry stop in the united states allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. reasonable suspicion is a lower standard than probable cause which is needed for arrest. when police stop and search a pedestrian, this is commonly known as a stop and frisk. when police stop an automobile, this is known as a traffic stop. if the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. additional rules apply to stops that occur on a bus.
terry stop
lacking reasonable suspicion, police may stop an individual based on a hunch, constituting a "consensual" stop. "united states v. mendenhall" found that police are not generally required to advise an individual that he has been stopped on a consensual basis and that he may leave at any time. an individual can typically determine if a stop is consensual by asking, "am i free to go?" if the officer responds in the negative or does not respond, the individual is being detained under a terry stop; otherwise the individual may leave. "mendenhall" also found that a consensual stop can be converted into an unconstitutional terry stop by circumstances such as "the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled." police who conduct an unconstitutional terry stop can face administrative discipline and a civil suit.
terry stop