Police Detention: Understanding the Reasonable Limits

Abstract

Under normal circumstances, a police officer has a right to detain a person with reasonable suspicion that they have committed a crime. There is a difference between an arrest and detention. First, a person is detained on suspicion, whereafter, if the suspicions are confirmed, an arrest follows. Interestingly, no set limit exists for police detention. Still, the law stipulates that police officers are only allowed to detain a suspect for a reasonable period while conducting an investigation (Re, 2018). During the detention, the police would have to obtain probable cause for a crime committed, whereafter, an arrest is made. Otherwise, the police would have to let one go. In this case, therefore, the suspect in question is a prime suspect because he has been arrested more than once in one month. As a law enforcer, it strikes an interest to see the suspect who has been arrested for possession and sale of drugs smoke a hand-rolled cigarette. The suspect’s reaction called for investigations. Since there was evidence of the suspect’s behavior, it must have been necessary to detain the suspect for as long as sustainable evidence was established. In this case, mark you the suspect was not under arrest. A law enforcement officer can arrest without a warrant as long as they have probable cause to believe that a crime is being committed. As far as the fourth amendment is concerned, A police cannot detain without a warrant or probable cause (Re, 2018). The suspect was not arrested with sufficient reasonable suspicion of criminal activity because no handcuffs were used, or the suspect was taken to the station. In this instance, it could be termed as an interaction whereby the suspect is not accused of a crime but, on the other hand, still is not free...