If the officer does not establish probable cause, the stop and detention are promptly concluded. The continuation of a prolonged detention without the establishment of probable cause infringes upon the mandates of the 4th Amendment. During the explanation, the officer must remain empathetic to the anxiety created by having one's freedom of movement restricted-even for the slightest moment. Investigative stops should not be confused with other circumstances such as fresh pursuit or instances when officers are responding to calls for service such as robberies or assaults. Fresh pursuit occurs when an officer is attempting to apprehend a suspect fleeing from the scene of a crime.
Investigative stops are an invaluable proactive tool for law enforcement.
This procedure enhances the detection and apprehension of individuals engaged in various forms of illegal activity. However, the courts have been very deliberate in ensuring that all field detentions are based on reasonable suspicion or probable cause. Without exception, law enforcement agencies encourage aggressive, proactive enforcement as a tool to maintain the quality of life in the communities they serve. Although crime eradication is the primary objective, law enforcement and elected officials remain vigilant in their mutual desire to protect the balance between the need for public safety and arbitrary detentions of our citizens. Enter Your Email.