Reasonable suspicion or
reasonable articulable suspicion is a
legal standard of proof that in
United States law is less than
probable cause, the legal standard for
arrests and
warrants, but more than an "inchoate and unparticularized suspicion or 'hunch'";
[1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts",
[2] and the suspicion must be associated with the specific individual.
[3] If police additionally have reasonable suspicion that a person so detained is armed and dangerous, they may "
frisk" the person for weapons, but not for contraband like drugs. However, if the police develop probable cause during a weapons frisk (by feeling something that could be a weapon or contraband, for example), they may then conduct a full search. Reasonable suspicion is evaluated using the "
reasonable person" or "reasonable officer" standard,
[4] in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity; it depends upon the
totality of circumstances, and can result from a combination of particular facts, even if each is individually innocuous.
Reasonable suspicion is a legal standard allowing police to briefly detain a person based on specific, articulable facts—not mere hunches—suggesting criminal activity is occurring, has occurred, or is about to occur. Established in
Terry v. Ohio (1968), this standard allows for limited stops and pat-downs for weapons, requiring less evidence than
probable cause.
Key Aspects and Examples
- Articulable Facts: Officers must be able to explain the specific, observable behaviors that led to the detention.
- Totality of Circumstances: Courts evaluate the entire situation, including the officer's training and experience.
- Examples: Pacing outside a closed business at night, matching a suspect description, fleeing from police, or exhibiting signs of impaired driving (e.g., weaving).
- Scope: Detentions must be temporary and limited in scope.
Reasonable Suspicion vs. Probable Cause
- Reasonable Suspicion: Allows for a temporary, investigative stop.
