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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 ...
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. When police stop and search a pedestrian, this is commonly known as a stop and frisk.
As of February 2011, there is no U.S. federal law requiring that an individual identify themself during a Terry stop, but Hiibel held that states may enact such laws, provided the law requires the officer to have reasonable and articulable suspicion of criminal involvement, [28] and 24 states have done so. [29]
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]
A traffic stop is usually considered to be a Terry stop and, as such, is a seizure by police; the standard set by the United States Supreme Court in Terry v. Ohio regarding temporary detentions requires only reasonable articulable suspicion that a crime has occurred or is about to occur. [ 1 ]
“During the stop, deputies developed reasonable suspicion that criminal activity was afoot,” and searched the vehicle after a police dog alert, the sheriff’s office said.
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 ...
North Carolina, an 8–1 decision in December 2014, the court expanded the "reasonable suspicion" factor of the Terry decision to cover a police officer's reasonable mistake of law that gives rise to "reasonable suspicion" that justifies a traffic stop under the Fourth Amendment. [23] [24]