Legal Definitions - investigative detention

Definition: Investigative detention is the holding of a suspect without formal arrest during the investigation of their participation in a crime. This type of detention is constitutional only if there is probable cause.

Example: If the police suspect someone of committing a crime, they may detain them for questioning without formally arresting them. This is investigative detention. However, if they do not have probable cause, the detention would be unconstitutional.

Another example: In a juvenile delinquency case, the court may order the detention of a juvenile charged with a crime if they believe that releasing the juvenile would create a serious risk of them committing another crime before their probable-cause hearing. This is also an example of investigative detention.

These examples illustrate how investigative detention is used to hold suspects during the investigation of a crime, but only if there is probable cause. It is important to note that investigative detention is not the same as pretrial detention or preventive detention, which have different legal requirements and purposes.