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In order for an investigative detention to exceed being brief, officers must be _________?

1) In uniform
2) Armed
3) Reasonably suspicious
4) Without a warrant

1 Answer

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Final answer:

For an investigative detention to extend beyond a brief period, officers must have reasonable suspicion. Uniform, armed status, or lack of warrant do not govern the detention's duration.

Step-by-step explanation:

In order for an investigative detention to exceed being brief, officers must be reasonably suspicious. This standard is derived from landmark cases like Terry v. Ohio, where the Supreme Court established that the police may stop and detain a person based on reasonable suspicion of criminal activity. Probable cause is not necessary at this stage, but officers need enough information to justify the detention beyond a mere hunch. This concept is also reflected in instances where police arrest someone without a warrant. They must have reasonable suspicion that the person has committed a felony or have witnessed a misdemeanor to lawfully make the arrest.

Moreover, in cases related to questioning and custodial interrogations, the right to counsel is crucial, and failure to notify suspects of this right can lead to constitutional violations. This is highlighted in cases like Westover v. United States and California v. Stewart. It is important to note that while being in uniform, armed, or lacking a warrant may impact the context of police encounters, it is the reasonable suspicion standard that primarily governs the duration and legality of an investigative detention.

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