Investigatory Stop

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An arrest and an investigatory stop describe different types of encounters with law enforcement. Within the meaning of the Fourth Amendment, an arrest is a seizure of a person based on probable cause and reasonable belief that a crime has been committed. Once a person has been arrested, the arrest process begins with the reading of the Miranda warning, booking, being charged with a crime and the arraignment. As a tool utilized in the investigation of a crime, the investigatory stop is a brief stop based on reasonable suspicion and backed by specific facts a crime has been committed. This stop cannot be based on a hunch and law enforcement have limited authority. Therefore, an arrest differs from an investigatory stop in that an investigatory