Reasonable suspicion
Encyclopedia
Reasonable suspicion is a legal standard of proof in United States law
that is less than probable cause
, the legal standard for arrest
s and warrant
s, but more than an "inchoate and unparticularized suspicion or 'hunch' ";
it must be based on "specific and articulable facts", "taken together with rational inferences from those facts".
Police may briefly detain a person if they have reasonable suspicion
that the person has been, is, or is about to be engaged in criminal activity; such a detention is known as a Terry stop
. If police additionally have reasonable suspicion that a person so detained may be armed, they may "frisk
" the person for weapons, but not for contraband like drugs. Reasonable suspicion is evaluated using the "reasonable person
" or "reasonable officer" standard,
in which said person in the same circumstances could reasonably believe 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.
, the U.S. Supreme Court
ruled that a person can be stopped and briefly detained by a peace officer
based on a reasonable suspicion of involvement in a crime. If the officer additionally has reasonable suspicion that the person is armed, the officer may perform a search of the person's outer garments for weapons. Such a detention does not violate the Fourth Amendment
prohibition on unreasonable searches and seizure, though it must be brief. Reasonable suspicion does not provide grounds for arrest; however, an arrest can be made if facts discovered during the detention provide probable cause
that the suspect has committed a crime.
In Hiibel v. Sixth Judicial District Court of Nevada
the Court further established that a state may require, by law, that a person identify himself or herself
to an officer during a stop; some states (e.g., Colorado) require that a person detained provide additional information, but as of November 2010, the validity of such additional obligations has not come before the Supreme Court.
set the precedent that probable cause is not necessary to search a student; reasonable suspicion is enough to search a student's belongings. Overly intrusive searches, like a body cavity search
, require probable cause.
that while government employees do have Fourth Amendment rights in the workplace, administrative investigations by supervisors of alleged work-related misconduct where no criminal offenses are suspected likewise only require reasonable suspicion to justify a search.
(including passing through airport customs), non-routine searches, like slashing the spare tire of a car, require reasonable suspicion. United States v. Flores-Montano
. Anything even more intrusive, like compelled surgery of a suspected balloon swallower
, requires probable cause. United States v. Montoya De Hernandez
.
must normally be supported by reasonable suspicion; the investigating officer must weigh the totality of the circumstances to determine whether sufficient objective facts exist to create reasonable suspicion that the driver is engaged in criminal activity. If the investigating officer witnesses the driver committing a traffic violation, the violation supplies reasonable suspicion to stop the vehicle and probable cause
to support an arrest
. In Illinois v. Caballes
, the Supreme Court held that a drug dog may sniff the exterior of a vehicle during a traffic stop so long as it does not extend the stop; the use of a drug dog is sui generis and not considered a search. Police may set up roadblocks and stop drivers without particularized reasonable suspicion the stopped individual is engaged in criminal activity so long as the stop’s level of intrusion does not exceed the connection of the crime, typically driving while intoxicated, to the roadway.
US Courts have held that a stop on reasonable suspicion may be appropriate in the following cases: when a person possesses unusual items (like a wire hanger) which would be useful in a crime and is looking into car windows at 2 am, when a person matches a description of a suspect given by another officer, or when a person runs away at the sight of a peace officer. However, reasonable suspicion does not apply merely because a person refuses to answer questions, declines to allow a voluntary search, or is of a particular race or ethnicity.
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
that is less than probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
, the legal standard for arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
s and warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
s, but more than an "inchoate and unparticularized suspicion or 'hunch' ";
it must be based on "specific and articulable facts", "taken together with rational inferences from those facts".
Police may briefly detain a person if they have reasonable suspicion
that the person has been, is, or is about to be engaged in criminal activity; such a detention is known as a Terry stop
Terry stop
In the United States, a Terry stop is a brief detention of a person bypoliceon reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.The name derives from Terry v. Ohio, 392 U.S...
. If police additionally have reasonable suspicion that a person so detained may be armed, they may "frisk
Frisking
Frisking is a search of a person's outer clothing wherein a person runs his or her hands along the outer garments to detect any concealed weapons or contraband.-Stop and frisk:...
" the person for weapons, but not for contraband like drugs. Reasonable suspicion is evaluated using the "reasonable person
Reasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...
" or "reasonable officer" standard,
in which said person in the same circumstances could reasonably believe 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.
Precedent
In Terry v. OhioTerry v. Ohio
Terry v. Ohio, 392 U.S. 1 , was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police...
, the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that a person can be stopped and briefly detained by a peace officer
Peace officer
A law enforcement officer , in North America, is any public-sector employee or agent whose duties involve the enforcement of laws. The phrase can include police officers, prison officers, customs officers, immigration officers, bailiffs, probation officers, parole officers, auxiliary officers, and...
based on a reasonable suspicion of involvement in a crime. If the officer additionally has reasonable suspicion that the person is armed, the officer may perform a search of the person's outer garments for weapons. Such a detention does not violate the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
prohibition on unreasonable searches and seizure, though it must be brief. Reasonable suspicion does not provide grounds for arrest; however, an arrest can be made if facts discovered during the detention provide probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
that the suspect has committed a crime.
In Hiibel v. Sixth Judicial District Court of Nevada
Hiibel v. Sixth Judicial District Court of Nevada
Hiibel v. Sixth Judicial District Court of Nevada, , held that statutes requiring suspects to identify themselves during police investigations did not violate the Fourth Amendment. Under the rubric of Terry v...
the Court further established that a state may require, by law, that a person identify himself or herself
Stop and Identify statutes
“Stop and identify” statutes are laws in the United States that allow police to detain persons reasonably suspected of involvement in a crime and require persons so detained to identify themselves to the police....
to an officer during a stop; some states (e.g., Colorado) require that a person detained provide additional information, but as of November 2010, the validity of such additional obligations has not come before the Supreme Court.
Schools
New Jersey v. T. L. O.New Jersey v. T. L. O.
New Jersey v. T.L.O., 469 U.S. 325 is a decision by the Supreme Court of the United States addressing the constitutionality of a search of a public high school student for contraband after she was caught smoking. A subsequent search of her purse revealed drug paraphernalia, marijuana, and...
set the precedent that probable cause is not necessary to search a student; reasonable suspicion is enough to search a student's belongings. Overly intrusive searches, like a body cavity search
Body cavity search
A body cavity search is either a visual search or a manual internal inspection of body cavities such as for prohibited material , such as illegal drugs, money, jewelry, or weapons...
, require probable cause.
Government workplaces
A few years after T.L.O., the Supreme Court held in O'Connor v. OrtegaO'Connor v. Ortega
O'Connor v. Ortega, , is a United States Supreme Court decision on the Fourth Amendment rights of government employees with regard to administrative searches in the workplace, during investigations by supervisors for violations of employee policy rather than by law enforcement for criminal offenses...
that while government employees do have Fourth Amendment rights in the workplace, administrative investigations by supervisors of alleged work-related misconduct where no criminal offenses are suspected likewise only require reasonable suspicion to justify a search.
Border Security, Customs, and Immigration
Although U.S. Customs can do routine suspicionless searches of people and effects crossing the borderBorder search exception
The border search exception is a doctrine of United States criminal law that exempts searches of travelers and their property from the Fourth Amendment warrant requirement....
(including passing through airport customs), non-routine searches, like slashing the spare tire of a car, require reasonable suspicion. United States v. Flores-Montano
United States v. Flores-Montano
In United States v. Flores-Montano, , the United States Supreme Court held that customs agents may remove the gas tank from a vehicle crossing the international border in an effort to look for contraband.-Facts:...
. Anything even more intrusive, like compelled surgery of a suspected balloon swallower
Balloon swallower
A balloon swallower is an individual who crosses a border with the intent to smuggle drugs contained in his or her gastrointestinal tract or other body cavities.This term is used in American law enforcement for people crossing the United States-Mexico border...
, requires probable cause. United States v. Montoya De Hernandez
United States v. Montoya De Hernandez
United States v. Montoya De Hernandez, 473 U.S. 531 , was a case appealed from the Ninth Circuit to the Supreme Court of the United States regarding balloon swallowing....
.
Traffic Stop
A brief, non-custodial traffic stopTraffic stop
A traffic stop, commonly called Being pulled over, is a temporary detention of a driver of a vehicle by police to investigate a possible crime or civil infraction. In constitutional law in the United States, a traffic stop is considered to be a subset of the Terry stop; the standard set by the...
must normally be supported by reasonable suspicion; the investigating officer must weigh the totality of the circumstances to determine whether sufficient objective facts exist to create reasonable suspicion that the driver is engaged in criminal activity. If the investigating officer witnesses the driver committing a traffic violation, the violation supplies reasonable suspicion to stop the vehicle and probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
to support an arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
. In Illinois v. Caballes
Illinois v. Caballes
In Illinois v. Caballes, , the Supreme Court held that the Fourth Amendment is not violated when the use of a drug-sniffing dog during a routine traffic stop does not unreasonably prolong the length of the stop.-Facts:...
, the Supreme Court held that a drug dog may sniff the exterior of a vehicle during a traffic stop so long as it does not extend the stop; the use of a drug dog is sui generis and not considered a search. Police may set up roadblocks and stop drivers without particularized reasonable suspicion the stopped individual is engaged in criminal activity so long as the stop’s level of intrusion does not exceed the connection of the crime, typically driving while intoxicated, to the roadway.
Examples
A peace officer may briefly detain a person, without a warrant, if the officer has reasonable suspicion that the person is involved in a crime (Terry v. Ohio), and the officer can use reasonable force to effect the detention. Courts have recognized that an officer's safety is paramount and have allowed for a "frisk" of the outermost garments from head to toe if the officer reasonably suspects that the detainee is armed, and for an officer to stop an individual at gunpoint if necessary. In the city of New York, once a person is released from a reasonable suspicion stop, a "stop, question and frisk report" is filled out and filed in the command that the stop occurs.US Courts have held that a stop on reasonable suspicion may be appropriate in the following cases: when a person possesses unusual items (like a wire hanger) which would be useful in a crime and is looking into car windows at 2 am, when a person matches a description of a suspect given by another officer, or when a person runs away at the sight of a peace officer. However, reasonable suspicion does not apply merely because a person refuses to answer questions, declines to allow a voluntary search, or is of a particular race or ethnicity.
See also
- Stop and Identify statutesStop and Identify statutes“Stop and identify” statutes are laws in the United States that allow police to detain persons reasonably suspected of involvement in a crime and require persons so detained to identify themselves to the police....
(refusing to identify oneself when detained may be a crime in some jurisdictions) - United States v. ArnoldUnited States v. ArnoldUnited States v. Arnold, 523 F.3d 941 , is a United States court case in which the United States Court of Appeals for the Ninth Circuit held that the Fourth Amendment to the United States Constitution does not require government agents to have reasonable suspicion before searching laptops or other...
(searches and seizures of electronic media at a United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
port of entryPort of entryIn general, a port of entry is a place where one may lawfully enter a country. It typically has a staff of people who check passports and visas and inspect luggage to assure that contraband is not imported. International airports are usually ports of entry, as are road and rail crossings on a...
by Customs and Border Protection) - Samson v. CaliforniaSamson v. CaliforniaSamson v. California, 547 U.S. 843 , was a case in which the Supreme Court of the United States affirmed the decision of the California Court of Appeal; which held that suspicionless searches of parolees are lawful under California law and that the search in this case was reasonable under the...
(individualized reasonable suspicion is not required for searches to be conducted of the persons and homes of parolees)
External links
- A definition on Dictionary.com
- A Checklist for Use in Workplace