• Law
College

A detention requires at least:

A. reasonable suspicion
B. an inarticulable police hunch
C. probable cause
D. preponderance of evidence

Answer :

Final answer:

A detention requires a legal standard to be justified, with probable cause being the appropriate standard for more serious actions. Reasonable suspicion is a lower standard but does not apply to all cases of detention. Therefore, the correct answer is probable cause.


Explanation:

Understanding Detention and Legal Standards

A detention requires a specific legal standard in order to be justified. The options provided in the question each represent different legal standards:

  1. Reasonable suspicion - This is a lower standard than probable cause, allowing police to stop and briefly detain individuals if they suspect criminal activity (as established in Terry v. Ohio (1968)).
  2. Inarticulable police hunch - This is not a recognized legal standard for detention, as it lacks the necessary foundation of suspicion.
  3. Probable cause - This is a higher standard than reasonable suspicion and is required for more serious actions, such as obtaining search warrants or making arrests. It requires evidence that a crime has occurred or will occur.
  4. Preponderance of evidence - This standard is used in civil cases; it is not relevant in the context of detention.

Given these definitions, the correct answer to the question about what a detention requires is probable cause, as it is the most closely associated legal standard for justifying police action beyond a mere stop.


Learn more about detention standards here:

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