What is required to legally detain someone?

To legally detain someone, the requirement of reasonable suspicion is essential. This means that a law enforcement officer must have a particular reason to believe that a person is involved in criminal activity based on specific and articulable facts. Reasonable suspicion is a lower standard of proof than probable cause and allows officers to briefly stop and question individuals to investigate their behavior further.

In practice, this might arise, for example, when an officer observes behavior that appears suspicious or potentially criminal, such as someone loitering in an area known for criminal activity. This standard grants officers the authority to ensure the safety of themselves and the surrounding community by allowing them to conduct an investigation.

Probable cause is a higher standard that would be required to make an arrest, not just a detention. Imminent danger and witness testimony do not establish the necessary legal grounds for detention in the same way that reasonable suspicion does. Therefore, the requirement that allows for a lawful detention rests on the belief of reasonable suspicion concerning possible criminal activity.