California POST Training Practice Test

What must happen if a person's responses decrease suspicion during a detention?

1. They can be held for further questioning

2. They must be released

3. They can be placed under arrest

4. They must wait for a superior officer

The correct answer is: They must be released

When a person's responses significantly decrease suspicion during a detention, the proper course of action is to release that individual. This stems from the legal principle that a detention must be justified by reasonable suspicion at its inception and throughout its duration. If the information gained during the detention, such as answers to questions or behavior, alleviates the officer's initial concerns, then the justification for the detention no longer exists. As a result, the individual must be released since law enforcement cannot continue to detain someone without a valid basis. Holding them for further questioning, placing them under arrest, or requiring them to wait for a superior officer would not be appropriate actions if the circumstances have changed to reduce the suspicion that originally justified the detention.