What is the test for reasonableness of a police officer’s decision to detain a man?

Ontario, Canada


The following excerpt is from R. v. Aguirre, 2006 CanLII 45694 (ON SC):

In review, the court looks to the reasonableness of the police officer’s conduct in light of the facts known to the officer at the time: U.S. v. Place, at p. 713; Adams v. Williams, 407 U.S. 143, 146 (1972). In other words, the reasonableness of the police officer’s decision to investigatively detain is measured on the facts as he or she perceived them at the time and not with the bootstrapping of confirmatory results derived from the detention itself.

L.R. Katz, in “Terry v. Ohio at Thirty-Five: A Revisionist View” (2004), 74 Miss. L.J. 423 at p. 429, stated: Giving weight to a law enforcement officer’s assessment of an ongoing street situation is a fair tool to incorporate into the determination of the reasonableness of the decision to stop and question a suspect. However, it must not become a substitute for a court’s independent evaluation of the reasonableness of the officer’s conclusion.

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