Explain a police officer's right to detain someone for questioning when the officer does not have probable cause to arrest the person and the person will not consent to the detention. Is the officer allowed to use a gun under these circumstances? Explain

Question

What will be an ideal response?

Answer 1

An officer may detain someone based on reasonable suspicion if the person's conduct would make a reasonable officer believe that criminal activity is afoot. The standard is based on what a reasonable officer would do under the same circumstances. If the reasonable officer would believe (at the reasonable suspicion level) that the person is armed, then the officer has the authority to pat-down the person for weapons.
In addition to the authority granted by Terry v. Ohio, the officer has the right to use force in his/her own defense. If the officer, acting as a reasonable person responding to what reasonable appears to be occurring, perceives that his/her life or the life of another person at the scene is in danger, the officer can legally use deadly force. If the person stopped is aggressive but does not pose a threat to life, the officer may use whatever force appears to be reasonable under the circumstances. The latter rule was set in Graham v. Connor.