What is the test for determining whether police conduct constitutes an investigatory stop or an arrest?

MultiRegion, United States of America

The following excerpt is from Gallegos v. City of Los Angeles, 308 F.3d 987 (9th Cir. 2002):

I agree with the majority that in deciding whether police conduct constitutes an investigatory stop or an arrest, we evaluate the intrusiveness of the stop and the reasonableness of the methods used in the specific circumstances. Washington v. Lambert, 98 F.3d 1181, 1185 (9th Cir.1996). However, we part company on whether the methods used in the specific circumstances of this case were reasonable.

In assessing the reasonableness of the officers' actions, "[t]he critical inquiry is whether the officers diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly." United States v. Torres-Sanchez, 83 F.3d 1123, 1129 (9th Cir.1996) (citations and internal quotation marks omitted) (emphasis added).

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