As we continue to analyze the kinds of encounters between the police and an average citizen, lets refresh where we are. Yesterday, we addressed the kind of encounter called an investigative detention. We addressed the standards that the court will use to evaluate whether there was an investigative detention. Today, we will evaluate several different situations that courts have held are investigative detentions.
(1) the threatening presence of several officers;
(2) the display of a weapon by an officer;
(3) touching by the officer of the citizen;
(4) the language used by the officer will indicate whether an investigative detention occurred;
(5) the tone of the officer that indicates compliance with the officer is required.
The key to this analysis in the "real world" is that the State will continually try to demonstrate that the encounter was a consensual encounter and not an investigative detention so that theFourth Amendment is not triggered.
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