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Investigative Detention: When Does It Turn Into an Unlawful Arrest?

NCJ Number
154244
Journal
Crime to Court, Police Officer's Handbook Dated: (April 1995) Pages: complete issue
Author(s)
J C Coleman
Date Published
1995
Length
23 pages
Annotation
This training guide for police officers considers the limits of investigative detention by police, with emphasis on the United States Court of Appeals for the Eighth Circuit's 1994 decision in the case of United States v. Bloomfield.
Abstract
The case involved a vehicle stop for a minor traffic violation committed in the presence of the highway patrol officer. The stop resulted ultimately in an arrest for possession of unlawful drugs. However, the circuit court upheld the district court decision, because the police officer acted within the scope of legal limitations until probable cause existed to justify a formal arrest. The detention for 1 hour was determined to be reasonable in this case and did not rise to the level of a de facto arrest; the police officers accommodated the suspect's request to leave the site of the initial stop and respected his freedom of movement and privacy, using the last intrusive means of detention reasonably necessary to achieve the investigative purpose. An additional article describes procedures that should be followed to address the stress experienced by police officers involved in shootings. Photographs and multiple-choice quiz