Legal Definitions - investigatory detention

Investigatory detention is a legal term that refers to the brief detention of a person by a police officer for questioning and searching when the officer has a reasonable suspicion that the person has committed or is about to commit a crime. This type of detention is also known as stop and frisk.

For example, if a police officer sees a person acting suspiciously near a store that has just been robbed, the officer may stop and frisk the person to see if they have any weapons or stolen items on them. The officer must have a reasonable suspicion that the person is involved in the crime to conduct the stop and frisk.

The Supreme Court has held that stop and frisk is constitutional under certain circumstances, such as when the officer has a reasonable suspicion of criminal activity. However, the officer cannot conduct a stop and frisk without any justification or based solely on a person's race or ethnicity.