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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:
- 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)).
- Inarticulable police hunch - This is not a recognized legal standard for detention, as it lacks the necessary foundation of suspicion.
- 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.
- 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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