DETENTIONS

Definition. A detention is an assertion of authority by a peace officer that would cause a reasonable person to believe they are not free to leave. It is limited in scope, intensity and duration. It is less than an arrest and more substantial than a consensual encounter.

Consensual Encounter Vs. Detention. The encounter can start off consensual and even ask for permission to see ID. Once an officer refuses or fails to return ID upon request, the encounter rises to a detention. An example would be officers shining spotlight and asking if everything is ok vs giving commands to come over and speak with them.

Legal Requirement. Requires reasonable suspicion.

Reasonable Suspicion. Enough facts and circumstances to make it reasonable to suspect that criminal activity is occurring and the person detained is connected to that activity.

Basis for Reasonable Suspicion. Observation, personal training and experience, or information from eyewitnesses, victims, or other officers (totality of the circumstance); must be more than a hunch.

Contributing Factors.

• Appearance or condition of a person (intoxicated, resemblance to wanted person)

• Actions (hiding objects, furtive movements, running from a crime scene)

• Driving behaviours

• Knowledge of the person's "history" (criminal record or conduct)

• Demeanor (non-responsive, nervous)

• Time of day (unusualness)

• Location of the stop (near crime scene, known criminal activity in area)

• Officer training and experience (modus operandi, expertise in certain area such as narcotics or gang activity)

• Note: flight alone is not enough for reasonable suspicion

Reliable Source.

• Can use information from others to investigation possible criminal action and detain

• Information does not have to come from a proven reliable source and the tip may support the detention

• A purely anonymous tip will normally not provide a sufficient basis to detain but can if collaborated with other circumstances.

• Tip can be upheld if it poses grave or immediate risk to public, such as DUI.

Appropriate Actions.

• Questioning the person about their identity and conduct.

• Contacting other individuals to confirm explanations, verifying identification, or determine whether the person is wanted.

• Checking premises, examining objects, or contacting neighbours or other individuals to determine whether a crime actually occurred.

• Bringing the victim to the suspect for identification purposes.

Length of Detention.

• Must be temporary and last no longer than is necessary to resolve the reason for the stop.

• Often, suspect's actions can extend detention or even provide probable cause for arrest.

• Person must be released if the answers of any questions are satisfactory enough to decrease or negate any suspicion.

Transporting During Detention. Generally, a detained person can be considered under arrest if transported without consent; however, certain circumstances may allow officers to transport a detained person without having first arrested them.

• Detainee gives permission

• Impractical to bring the witness/victim to the detainee's location

• Conditions of the detention are dangerous to the person

• Conditions of the detention are dangerous to the officer(s)

• Independent probable cause exists to arrest the subject

Refusal to Answer Questions. The detainee is not obligated to answer any questions.

• Refusal to answer is not enough for probable cause.

• A person who flees from a lawful detention or intentiually gives misleading/incorrect answers may be arrested for violating PC (4)03, provided that the action delayed or obstructed the investigation.  

Searches and Seizures During Detention.

• Pat down/cursory searches

  • • Must have specific facts that cause officer to believe person is armed and/or dangerous

    • Scope of search is limited to:

      • • Frisk of the outer clothing

        • Locate possible weapons

        • Not a search for evidence or contraband

    • Officers can manipulate objects but must stop once they realise it is not a weapon or cannot be used as a weapon

• Conditions

  • • Officers must be able to articulate specific facts which caused them to reasonably believe the person might be carrying a weapon or dangerous instrument

    • Factors that support a person carrying a weapon or dangerous instrument:

      • • Person's clothing (e.g. a bulge in clothing, or wearing a heavy coat while hot)

        • Person's actions (e.g. trying to hide something or being overly nervous)

        • Prior knowledge of person for carrying weapons or of violent behaviour

        • isolated location so officers are unlikely to receive immediate aid if attacked

        • Time of day (e.g. a dark night may increase likelihood that the officer may be attacked)

        • Reason for detention (e.g. serious, violent, or armed offense)

        • Similar cursory/pat search of a detainrr's companion revealed a weapon

        • Ratio of individuals to officers

• Discovery

  • • If officers discover an object that can be used as a weapon, they have a right to remove it from that person

      • • Includes legal objects, such as screwdrivers and pocket knives

        • Containers capable of containing weapons or dangerous instruments can be removed and opened

    • If contraband is discovered during cursory/pat down search, officers should follow appropriate procedures to arrest

Use of Force/Physical Restraint During Detention

• If a person attempts to leave during a detention, officers may use reasonable force and/or physical restraints to compel the person to remain

• Uncooperative individuals may be:

  • • Handcuffed; and/or,

    • Placed in a patrol vehicle.