Q: What is the lower limit of detention and the upper limit?

A: A detention occurs when a police officer stops an individual and restricts their freedom to leave, based on a reasonable suspicion that the person is involved in criminal activity. This is more than a casual conversation but less than an arrest, which requires probable cause. The lower limit of detention begins when the officer's interaction with an individual is no longer voluntary, meaning the person does not feel free to disregard the officer and go about their business. For example, during a traffic stop, the driver is considered detained because they are not free to leave until the officer has concluded the stop.

The upper limit of detention transitions to an arrest when the officer has sufficient evidence to believe the person has committed a crime, thus requiring probable cause. An arrest involves taking the person into custody with the intent to charge them with a crime. Key distinguishing features between detention and arrest include the duration and location of the stop, the use of handcuffs (more common in arrests), and the transportation of the individual to another location, such as a police station.

A traffic stop or on-the-spot questioning of a witness can indeed be considered a form of detention if the individual is not free to leave. However, detentions must be based on objective reasonable suspicion, not merely a subjective hunch. This means the officer must be able to articulate specific facts leading to the suspicion of criminal activity. Therefore, while a certain degree of subjective judgment by the officer is involved, it must be grounded in objective, reasonable observations or information.