What does an investigative detention rely on?

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An investigative detention relies on reasonable suspicion, which is a key legal standard that allows law enforcement to temporarily stop and question a person based on specific and articulable facts suggesting that the individual may be involved in criminal activity. Unlike probable cause, which requires a higher level of certainty, reasonable suspicion can be based on the totality of the circumstances, including observations of behavior, informant tips, or other relevant factors.

This standard is essential for protecting the rights of individuals while allowing law enforcement to act on reasonable concerns regarding potential criminal activity. It strikes a balance between individual liberties and the need for police to maintain public safety and order. Thus, when law enforcement officers have reasonable suspicion, they can detain a person briefly to investigate further without needing the more substantial evidence required for arrest.

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