Walker & Hemmens: Legal Guide for Police (10th Ed.)
Chapter 4: Police Authority to Detain
Introduction
This chapter contains an overview of the power of the police to detain individuals without effecting an
arrest. This chapter details the procedural constraints concerning “Terry stops” as well as other methods
that officers use to detain individuals for police purposes. These stops are a functional and useful police
activity and knowing the procedural restraints that surround them is necessary for officer effectiveness.
Key Concepts
• The types of detention that police officers utilize.
Key Terms
• Consensual
• Detention
• Terry v. Ohio
• Balancing Test
• Reasonable
Critical Thinking Questions
1. Police officers are permitted to approach citizens, ask questions, and even ask for consent to
search. These stops are allowed if a reasonable person would feel free to disregard the officer
and go about his or her business. At what point does a reasonable person feel that he or she is
being detained? When does a consensual stop turn into a seizure?
2. Terry stops allow officers to stop citizens to search for weapons that might endanger the
officer or others. These stops are based upon reasonable suspicion. Do you think that officers
can abuse these stops to search for other contraband? Are these stops necessary despite any
potential abuse?
3. The Court has stated that anonymous tips can be utilized to initiate a Terry stop or detain a
motorist. However, these tips must be corroborated by other police investigation. Why do the
Courts not allow uncorroborated anonymous tips to be justification for detentions?
Guidelines: Uncorroborated anonymous tips may be unreliable and lead to unnecessary
Discussion Points
• When does an encounter cease to be consensual?