Can a police officer temporarily detain a suspect for questioning or investigation?

California, United States of America


The following excerpt is from People v. Joshua S. (In re Joshua S.), F063638 (Cal. App. 2012):

Even where an officer lacks probable cause to arrest a suspect, the officer may temporarily detain a suspect when the officer reasonably believes a crime has occurred or criminal activity is afoot. The detention can last no longer than necessary to effectuate the purpose of the stop. The stopping, handcuffing, and detention of a suspect for a few minutes can constitute a legal investigative detention. (People v. Celis (2004) 33 Cal.4th 667, 674 (Celis).) Temporary detentions for questioning or investigation may be justified by circumstances falling short of probable cause. (In re J.G. (2010) 188 Cal.App.4th 1501, 1506.)

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