How have the courts interpreted the phrase "investigative" yet violative of the Fourth Amendment?
California, United States of America
The following excerpt is from Dung T., In re, 160 Cal.App.3d 697, 206 Cal.Rptr. 772 (Cal. App. 1984):
Thus, "[d]etentions may be 'investigative' yet violative of the Fourth Amendment absent probable cause. In the name of investigating a person who is no more than suspected of criminal activity, the police may not ... seek to verify their suspicions by means that approach the conditions of arrest." (Florida v. Royer, supra, 460 U.S. at p. 499, 103 S.Ct. at p. 1325, 75 L.Ed.2d at p. 237.) 9
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