My Rights

Police stops, detention (being detained) vs. The right to walk away

When are police allowed to detain someone? What counts as a “legitimate reason”?

Police are allowed to detain someone for a few main reasons (and there are some others):

If there is reason to suspect that the individual is connected to a recent or ongoing crime and the detention is reasonably necessary for investigative purposes.
If a person has or is about to breach the peace.
If a person is under the influence of drugs or alcohol and causes a disturbance in or near a public place.
If there is a warrant for the person’s arrest.

The following are not legitimate reasons to detain someone:

To search for evidence – The police cannot use investigative detention as an excuse to hold you while they search for evidence. For example, the police cannot force you to remain, handcuff you, or keep you in a cruiser, while they look for evidence that might justify an arrest.
After questioning – If you are under investigative detention, the detaining officer must release you after questioning, unless at that point they have grounds to arrest you.
Your identity or status – Race, homelessness, and social status are not legitimate reasons to detain someone.
What does “detention” mean?
What does “detention” mean?
If police ask me questions or demand ID, do I have to stay or can I walk away? How do I know?
If police ask me questions or demand ID, do I have to stay or can I walk away? How do I know?
When are police allowed to detain someone? What counts as a “legitimate reason”?
When are police allowed to detain someone? What counts as a “legitimate reason”?
Is there a curfew for youth? Can police stop me for being out at night?
Is there a curfew for youth? Can police stop me for being out at night?
Can I run away when I see police approaching?
Can I run away when I see police approaching?