Which condition is required for an arrest but not for an investigative detention?

Which condition is required for an arrest but not for an investigative detention?

• A. For an arrest, probable cause is required; a detention requires reasonable suspicion.
• B. Probable cause is required for both.
• C. Reasonable suspicion is required for an arrest.
• D. Consent is required for an arrest.

Answer: (C)

The essential idea is the different standards of proof for detaining someone briefly versus making a full arrest. For an arrest, the officer must have probable cause—a reasonable belief, based on the facts and surrounding circumstances, that the person has committed, is committing, or is about to commit a crime. An investigative detention, like a Terry stop, requires only reasonable suspicion—that is a lower, articulable suspicion that crime may be afoot. So the condition that applies to an arrest but not to an investigative detention is probable cause for arrest and the absence of that standard for a mere stop. The option stating that reasonable suspicion is required for an arrest would be incorrect because reasonable suspicion is sufficient for a temporary stop, not for an arrest.

The essential idea is the different standards of proof for detaining someone briefly versus making a full arrest. For an arrest, the officer must have probable cause—a reasonable belief, based on the facts and surrounding circumstances, that the person has committed, is committing, or is about to commit a crime. An investigative detention, like a Terry stop, requires only reasonable suspicion—that is a lower, articulable suspicion that crime may be afoot. So the condition that applies to an arrest but not to an investigative detention is probable cause for arrest and the absence of that standard for a mere stop. The option stating that reasonable suspicion is required for an arrest would be incorrect because reasonable suspicion is sufficient for a temporary stop, not for an arrest.