What must a person do for a detention to be legally recognized?

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For a detention to be legally recognized, a person must submit to the officer's assertion of authority. This means that the person acknowledges the officer's attempt to detain them and complies with the officer's instructions. Submission in this context indicates that the individual understands they are being stopped by law enforcement and is not free to leave at that moment.

The legal foundation of a detention is based on the concept of a reasonable suspicion of criminal activity, which gives officers the right to briefly detain an individual for questioning. The submission serves as a vital component because, without it, law enforcement may not have a lawful basis to hold the individual against their will. An individual fleeing from an officer, for instance, does not fulfill the requirements for a legal detention and may even compromise the situation further.

While providing identification or stating one's name and address may be part of a police encounter, they are not essential prerequisites for a detention to be recognized as legal. The key element is the willingness of the individual to submit to the officer’s authority during the officer's investigation, which establishes a lawful basis for the detention itself.

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