What is the legal test for "detentions" under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Johnson, F060077, Kern Super. Ct. No. BF129298A (Cal. App. 2011):
Although both "detentions" and "arrests" are seizures under the Fourth Amendment, distinctions are drawn between the two concepts since "the constitutional standard for permissible detentions 'is of lesser degree than that applicable to an arrest.' [Citation.]" (People v. Hester (2004) 119 Cal.App.4th 376, 385-386, italics in original.)
"[A]n officer who lacks probable cause to arrest can conduct a brief investigative detention when there is ' "some objective manifestation" that criminal activity is afoot and that the person to be stopped is engaged in that activity.' [Citations.] Because an investigative detention allows the police to ascertain whether suspicious conduct is criminal activity, such a detention 'must be temporary and last no longer than is necessary to effectuate the purpose of the stop.' [Citations.]" (People v. Celis (2004) 33 Cal.4th 667, 674.)
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