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Posted: February 14th, 2023
Introduction
In criminal law, there are a number of steps that are taken by the law enforcement officers. These steps range from the initial stages where a crime has been reported or suspected to have taken place, the initial investigations among other steps that lead to the ultimate goal, arrest, prosecution and conviction of the culprits. In doing so, the law enforcement officers must bear in mind the provisions of the law (The Fourth Amendment) regarding arrests and detentions on mere suspicion among other grounds (David A. Moran,2002). With that in mind, this essay seeks to distinguish between an arrest and an investigative stop.
Investigative Stop
It has been established that without some form of control, governments would be using excessive force when pursuing any of their objectives. As such, the law has to protect individuals from what is not reasonable action by the State. The law provides on what may make an officer to arrest someone or even grounds upon which an officer may stop and detain persons. The law provides that an officer must, before executing an investigative stop, have reasonable grounds to believe that the person being stopped could or may have been involved in a crime. Such a stop is only briefly so that to allow a law enforcement agent to either prove or disprove his or her suspicion (Jennifer Pelic, 2002-2003). As such, such a brief stop and detention need not to take longer than reasonably necessary to establish the grounds for suspicion. Also, in an investigative stop, the police should not go beyond what would be necessary to satisfy their suspicion. By the preceding, it means that the officer has to only ask and look for information that satisfies the suspicion.
To add on the above, there are instances that one would tell if he or she is under an investigative stop. Among them we have the scenario whereby an officer takes out his or her weapon and asks you to step aside. Also when an officer takes your driving licence or identification card for a while you would know that you are being investigated. If the police does not find a reason to satisfy his suspicion he would let you go. However if he finds reasons to believe that you are connected to a crime he suspected then that would lead to the first step which is an arrest.
Arrests
An arrest is the beginning of the criminal procedure. Whereas the investigatory stop would lead to your freedom if found unconnected to the suspected crime, an arrest would lead to your detention pending trial or finding of more evidence (Charles A. Weisman, 2004). There are other circumstances whereby an arrest would differ from an investigatory stop. This include where a police officer has witnessed the commission of that offense, where there is an arrest warrant against the offender and many other instances. Whereas there is evidence to effect an arrest, there need not to have evidence for an investigative stop. As long as the officer suspects a connection to a crime he or she may stop someone and investigate the person.
In summary, an investigative stop differs from an arrest in the following ways. On the occasion where an officer reasonably suspects the commission or connection of the person to an offense. When a police stops someone briefly to establish the person’s identity or whether the person is driving under influence among other reasonable grounds. An investigative stop has to be brief, should not go beyond the limits set in the fourth amendment and the person under investigation should be freed if not found to be connected to any offense. In an arrest, the offense would be confirmed, the evidence may be present and the suspect would not be freed unless under bail or bond.
References
LR: Charles A. Weisman: A Treatise on Arrest and False Imprisonment; Weisman Publications (2004).
LR: David A. Moran, The New Fourth Amendment Vehicle Doctrine: Stop And Search Any Car At Any Time, 47, Vill. L. Rev. 815,833-37 (2002).
LR: Jennifer Pelic, United States Vs Arvizu: Investigatory Stops And Fourth Amendment,93 J. Crim. L. & Criminology 1033 (2002-2003).
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