What is required for the police to detain an individual?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

For police to lawfully detain an individual, it is essential that the detention is not arbitrary, meaning that there must be a valid legal basis for the detention. This is grounded in legal principles aimed at protecting individual rights and ensuring that law enforcement acts within the scope of the law. A non-arbitrary detention occurs when police have a reasonable suspicion or belief that a person may be involved in criminal activity, thus justifying the need to detain them temporarily for investigation.

Detention that is deemed arbitrary lacks a proper justification and can violate constitutional rights. This principle is vital because it safeguards individuals from unnecessary interference by law enforcement. Courts have consistently emphasized that the requirement for reasonable grounds prevents the misuse of police power and ensures accountability.

Understanding that a lawful detention must be supported by a rational basis helps illustrate the importance of protecting civil liberties, as arbitrary detentions can lead to undue stress and legal consequences for individuals. In contrast, other options do not encapsulate the necessary framework for lawful detention as effectively.

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