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The court also ruled that the police officer may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is "armed and presently dangerous." This reasonable suspicion must be based on "specific and articulable facts," and not merely upon an officer's hunch.
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 ...
United States Court of Appeals for the Sixth Circuit reversal (713 F.2d 220 [1983]) Holding; Absent an official arrest warrant, there is enough reasonable suspicion to detain a person for Terry stop purposes if they match a description of a suspect under investigation as detailed in a wanted poster. Court membership; Chief Justice Warren E. Burger
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Reasonable suspicion depends on the "totality of the circumstances". [13] Reasonable suspicion is a vague term, and the Supreme Court concluded that it is to be decided on a case-by-case basis. It often arises from a combination of facts, each of which would, in itself, not be enough justification for the stop.
In turn, the law requires that the officer have a reasonable and articulable suspicion of criminal involvement, and that the person detained "identify himself," but the law does not compel the person to answer any other questions by the officer. The Nevada Supreme Court interpreted "identify" under the state's law to mean merely stating one's name.
Gates, the Supreme Court held that the totality of the circumstances test should be used to assess whether an anonymous tip is sufficient to provide probable cause. [10] Writing for a majority of the Court, Justice William Rehnquist explained that a totality test was superior to a bright line rule because magistrates would not be "restricted in ...
Jennifer Lopez and Ben Affleck finalize divorce 20 weeks after she filed. Entertainment. Associated Press. Man charged in Tupac Shakur killing files motion to dismiss the case. Finance.
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