What does not fall under police temporary detentions?

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In the context of police procedures, the concept of temporary detentions is rooted in the need for officers to balance the necessity of conducting investigations with individuals' Fourth Amendment rights against unreasonable searches and seizures.

A search without probable cause does not fall under the category of temporary detentions because such searches would typically violate the constitutional requirement that law enforcement must have probable cause to conduct a search. Temporary detentions, including investigative stops or Terry stops, are applicable in situations where an officer has reasonable suspicion that a person may be involved in criminal activity. This is a lower standard than probable cause but still requires some level of articulable facts or circumstances that would lead an officer to believe that detaining the person is necessary for a brief investigation.

In contrast, investigation for minor offenses, consensual encounters, and Terry stops are all permissible within the framework of temporary detentions. Minor offenses may warrant brief investigative stops, consensual encounters do not involve coercive police actions, and Terry stops are specifically justified by reasonable suspicion. Thus, while officers can detain individuals temporarily for the purposes of investigation or questioning, any action that involves a search without probable cause cannot be considered a temporary detention because it fundamentally contravenes established legal standards.

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