What describes a situation where an individual is not free to leave but is not yet in custody?

In the context of law enforcement interactions, the term that describes a situation where an individual is not free to leave but is not yet in custody is investigatory detention. This scenario occurs when a law enforcement officer has a reasonable suspicion that an individual may be involved in criminal activity. Although the individual is not formally arrested and could potentially be free to leave if the officer lacked reasonable suspicion, the person is detained for the moment because of the officer's investigative purpose.

During investigatory detention, the officer may ask questions or request identification, but the individual typically does not have the same rights as they would during a fully voluntary encounter. The distinction is critical in legal contexts, as the level of suspicion required to justify this type of detention is lower than that needed for an arrest, yet higher than for a mere encounter, where individuals can freely leave at any time.

Therefore, investigatory detention is a nuanced stage of police interaction, sitting between a casual conversation and an arrest, and is justified when officers need to ensure public safety or explore potential criminal activity based on specific, articulable facts.