What distinguishes a "brief detention" from a "brief encounter"?

A "brief detention" is a situation in which a law enforcement officer has the authority to stop a person for a short period, usually based on reasonable suspicion that the person may be involved in criminal activity. During this time, the individual is not free to leave and cannot terminate the encounter without the officer's permission. This is a critical aspect that distinguishes a brief detention from a brief encounter, where the person is free to leave at any time and does not have to comply with the officer's requests.

In contrast, a brief encounter occurs when an officer merely approaches an individual and engages in casual conversation without any coercive element. In that scenario, the individual has the right to refuse to answer questions and can walk away. The distinction is significant in legal contexts, as the implications of a detention are more serious in terms of individual rights and the officer's authority. When the officer has a legitimate, articulable reason to suspect criminal activity, this establishes the threshold for a detention, differentiating it from a scenario where the officer simply interacts with someone without any suspicion.