Definition[]
Reasonable suspicion arises
| “ | [w]hen information exists that establishes sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator, or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise.[1] | ” |
Overview[]
It is the basis for an investigatory or ''Terry'' stop by the police and requires less evidence than probable cause — the legal requirement for arrests and warrants.
Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which such person in the same circumstances could reasonably believe a person has been, is, or is about to be engaged in criminal activity; such suspicion is not a mere hunch. Police may also, based solely on reasonable suspicion of a threat to safety, frisk a suspect for weapons, but not for contraband like drugs.
A combination of particular facts, even if each is individually innocuous, can form the basis of reasonable suspicion.
References[]
- ↑ U.S. Department of Justice, Minimum Criminal Intelligence Training Standards for Law Enforcement and Other Criminal Justice Agencies in the United States 44-45 (Ver. 2) (Oct. 2007) (full-text).
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