Detention is a short period of custody, often occurring while the police are deciding whether or not to arrest you.  In order to detain you, the police are supposed to have a reasonable suspicion that you’re involved in a crime.  This suspicion must be more than a mere hunch, and the police must be able to put their reasonable suspicion into words.  That’s why it’s sometimes called an “articulable suspicion.” For example, if an officer stops an individual, it would not be enough for the officer to be thinking, “He looked like he was up to something.” The officer’s thoughts would have to be more specific, such as, “He kept looking in the window of the jewelry store, then walking away, then coming back and peering into the store again.  And he wasn’t from the neighborhood.  He seemed nervous and agitated, so I thought he might be planning a burglary.”

 

Usually, a reasonable suspicion is based on multiple factors, such as: the suspect matches the description of a wanted criminal; the suspect drops an object after seeing the police; the suspect runs away after seeing the police; etc.

 

Detention is supposed to last only a short time and should not involve changing location, such as going to the local police station.

 

It may be useful later on, when you’re fighting the case in court, to have asked the officer why you’re being held.  If the officer cannot articulate his suspicion, you may be able to show that your detention was unlawful.  Obviously, this tactic will work better if you have witnesses who will testify that the officer made an inadequate reply.  (Without witnesses, it’s just your word against the police officer’s, if the officer lies about what he said.)

If you do ask why you’re being held, memorize the officer’s response.  Never tell a cop that he doesn’t have reasonable suspicion.  It won’t make the officer let you go, it will only annoy him and remind him to think up a good reason for having detained you, before he writes his report.

During a detention, the police are entitled to pat the outer surface of your clothing, to check for guns, knives or other weapons.  If you’re detained while driving, the officers can look inside the car for weapons (but not in the trunk).  A detention search is conducted only to ensure that the detainee has no weapon.  While detaining you, once the police have patted you down and haven’t felt anything that could be a weapon, they cannot then examine the contents of your pockets.  However, they may try to trick you into “voluntarily” allowing them to search further than they’re entitled during a detention.  The officer will ask you to show him the contents of your pockets, bags, trunk, etc.  The request will usually sound like a casual order, especially when the officer uses a commanding tone of voice: