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A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. [1] [2] Reasonable suspicion is a lower standard than probable cause which is needed for arrest.
Reasonable 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 ...
Traffic stops may be executed upon reasonable articulable suspicion that a crime has occurred, for example, an observation of a possible equipment violation or a suspicion of driving under the influence (DUI) based on driving behavior.
Consequently, traffic stops may become unreasonable if they are unnecessarily prolonged. [7] When an officer conducts a traffic stop based on reasonable suspicion that the driver has committed a traffic violation, the Fourth Amendment permits the officer to conduct a number of investigative inquiries before resolving the traffic stop. [8]
For example, California "stop and identify" law, Penal Code §647(e) had wording [37] [38] [39] similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v. Solomon (1973), 33 Cal.App.3d 429 construed the law to require "credible and reliable" identification that carries a "reasonable assurance" of its authenticity.
She added that "defendant was responsible for a policy or practice of using the Kansas Two-Step to extend traffic stops of motorists in Kansas without reasonable suspicion and without the ...
The personal, or subjective, motives of an officer are not a factor in the Court's Fourth Amendment analysis of whether the cause for a stop is sufficient. The standard for reasonable suspicion is purely an objective one. [3] [1] A major concern with this case's ruling is that police conducting traffic stops may racially profile the stopped ...
Marvin Taylor recoils in his seat after Rochester police officers break his car window during a May 7 traffic stop. Police said Taylor refused to roll down his windows or exit the car.