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Old May 8, 2005 | 7:01 pm
  #26  
Braddelauter
 
Join Date: Aug 2004
Posts: 181
Originally Posted by copwriter
This isn't quite correct. You can be lawfully detained without being arrested. This is called a "Terry stop," after the case of Terry v. Ohio. A law enforcement officer with an artculable suspicion (less than probable cause, but more than mere suspicion) to believe that a crime has been committed, is being committed, or is about to be committed can detain a person for "a reasonable period of time." The USSC has never defined what constitutes "reasonable," but has implied that it varies depending on the gravity of the offense suspected. Further, if the officer can articulate why the person being detained might be carrying a weapon that can be used to injure the officer, the officer can pat-search the detainee for weapons (a more intrusive search is not allowed, absent consent). During this detention, the detainee is required to state his name, if asked, but may refuse to answer any other questions if he chooses. The detainee may not be moved from the place of detention without his consent or elevating the detention to an arrest.

Officers make Terry stops regularly. I suggest that the stop that goalie was describing was a Terry stop, although I don't know how well the articulated suspicion would hold up in court. That part is always a crap shoot.
Great explanation of Terry v Ohio, although I'm not sure about identifying yourself (Berkemer v. McCarty). Pay close attention to Hiibel v. Sixth Judicial District Court (coming soon), as this may allow an arrest, for refusal to identify during a Terry stop.
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