What is an Investigatory Stop or Detention based upon?

An investigatory stop or detention is founded on an officer's reasonable suspicion of criminal activity. This means that the law enforcement officer has specific and articulable facts that lead them to believe that a person is involved in criminal behavior, even if they do not have enough evidence to establish probable cause for an arrest. Reasonable suspicion is a lower standard than probable cause, allowing officers to briefly detain a person to ask questions, check identification, or conduct a limited search for weapons if necessary for safety.

This concept is essential for balancing the need for effective law enforcement against the rights of individuals. While an officer cannot stop someone based solely on a hunch or bias, the reasonable suspicion must be based on the totality of the circumstances, including the officer's training, experience, and observations.

Probable cause refers to a stronger standard, which is required to make an arrest or obtain a search warrant. Random questioning lacks the necessary justification and is not a lawful basis for an investigatory stop. Public disturbance reports, while they might inform an officer's approach, do not, by themselves, establish reasonable suspicion unless they are tied to specific, observable behaviors indicating possible criminal activity.