U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

INVESTIGATIVE DETENTION, PART 1

NCJ Number
15915
Journal
FBI Law Enforcement Bulletin Volume: 43 Issue: 11 Dated: (NOVEMBER 1974) Pages: 10-15
Author(s)
J D MILLER
Date Published
1974
Length
6 pages
Annotation
DISCUSSES THE AUTHORITY TO STOR, DETAIN, AND FRISK, AND THE PROBLEMS ATTENDANT TO THE EXERCISE OF THAT AUTHORITY.
Abstract
COURT CASES WHICH DEFINE THE PARAMETERS OF AN OFFICER'S DISCRETION TO STOP, DETAIN AND FRISK ARE DISCUSSED. PERCEPTION OF A LEGITIMATE NEED TO TAKE IMMEDIATE ACTION TO RESOLVE AN AMBIGUOUS SITUATION IS DEEMED THE GROUND FOR PROPER POLICE ACTION IN THIS AREA. EXAMPLES OF FACTUAL SITUATIONS IN WHICH COURTS HAVE CONCLUDED THERE WERE REASONABLE GROUNDS TO STOP AS WELL AS CASES IN WHICH THE COURTS CONCLUDED THE STOP WAS UNREASONABLE ARE PRESENTED. SOURCES FOR FACTS JUSTIFYING STOP AND DETENTION ARE CONSIDERED TO BE PERSONAL KNOWLEDGE, THIRD PERSONS, AND INFORMANTS.