What is the primary standard used to justify detention of an individual?

The primary standard used to justify the detention of an individual is reasonable suspicion. This standard necessitates that law enforcement has a particularized and objective basis for suspecting that a person is involved in criminal activity. It is a lower threshold than probable cause and allows police officers to briefly detain individuals to investigate further without necessarily charging them with a crime.

Reasonable suspicion provides officers with the legal grounds to stop and question a person when they observe behavior that seems suspicious or indicative of criminal activity. The concept emphasizes the need for specific and articulable facts that can be communicated, rather than mere hunches or unparticular beliefs.

Probable cause is a higher standard used primarily when officers seek a warrant for arrest or a search warrant, making it less applicable to detentions. Express consent involves the voluntary agreement of an individual to cooperate, which does not inherently justify detention without reasonable suspicion. Clear and convincing evidence is a standard typically applied in civil cases or certain legal proceedings, rather than in the context of initial detention by law enforcement.