Psychological detention

Filed Under: Criminal Law

The term used to describe forms of detention other than physically taking control of the person. Originally the Supreme Court restricted this term to situations where a person was not required by law to comply with the demands of a peace officer, but reasonably believes they have no choice but to comply. Subsequently, the Court has used the phrase to include that situation, but also to include situations where the person is in fact required to comply with the demand, such as a breathalyzer stop.

Scroll to Top