A Terry stop is considered what type of detention?

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A Terry stop is classified as an investigative detention. This type of stop allows law enforcement officers to briefly detain a person for questioning if they have reasonable suspicion that the individual is involved in criminal activity. The premise behind a Terry stop, established in the Supreme Court case Terry v. Ohio, is to balance the officer's need to protect themselves and the public from crime while also respecting individual rights against unreasonable searches and seizures.

During an investigative detention, the officer does not need to have probable cause, which is a higher standard required for making an arrest; instead, they just need to observe specific facts or patterns that lead them to suspect that criminal activity may be occurring. The detention is temporary and limited in scope, allowing officers to ask questions or request identification to clarify the situation without escalating it to an arrest unless further evidence or behavior warrants that action.

This understanding is crucial when differentiating from other types of detentions. An arrest involves taking a person into custody and typically requires a higher standard of probable cause, while preventive detentions focus more on preemptive measures rather than actual suspicion of a crime. Voluntary encounters do not involve any form of detention, as individuals are free to walk away at any time. Hence, the classification of a Terry

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