Is a stop based upon suspicion short of probable cause permissible in this circumstance?

MultiRegion, United States of America

The following excerpt is from Kraus v. Pierce County, 793 F.2d 1105 (9th Cir. 1986):

Investigative stops based upon suspicion short of probable cause are therefore constitutionally permissible only where the means utilized are the least intrusive reasonably available. "[A]n investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop. Similarly, the investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer's suspicion in a short period of time." Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 1325-26, 75 L.Ed.2d 229 (1983).

Where more than a limited intrusion occurs, an arrest occurs and probable cause is required.

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