Legal Definitions - Reasonable Suspicion

Reasonable Suspicion is a legal standard used in criminal procedure that allows law enforcement officers to briefly stop and question an individual, or in certain limited circumstances, conduct a quick pat-down (often called a "frisk") for weapons. It is a lower standard than "probable cause," which is required for an arrest or a more extensive search, but it is higher than a mere hunch or gut feeling.

For an officer to have Reasonable Suspicion, they must be able to point to specific, articulable facts and circumstances that, when combined with their training and experience, suggest that criminal activity may be occurring or that a person may be armed and dangerous. These facts must be more than just a vague suspicion; they must be observable and explainable reasons for the officer's actions.

Here are some examples illustrating how Reasonable Suspicion might apply:

• An officer is patrolling a quiet residential neighborhood late at night and observes an individual, dressed in dark clothing, slowly walking back and forth in front of a house, peering into windows and occasionally ducking behind bushes. The individual is also carrying a large, empty duffel bag.

  In this scenario, the officer has Reasonable Suspicion to stop and question the individual. The combination of the late hour, the dark clothing, the unusual behavior of repeatedly looking into windows and hiding, and the presence of an empty duffel bag (which could be used to carry stolen items) are specific facts that, based on an officer's experience, suggest potential criminal activity like burglary. This suspicion allows the officer to briefly detain the person to ask what they are doing.

• During a routine traffic stop for a broken taillight, an officer approaches the vehicle and notices a strong, distinct odor of unburnt marijuana emanating from the car. The driver also appears unusually nervous, fumbling with their documents and avoiding eye contact.

  Here, the broken taillight provides the initial legal basis for the traffic stop. The subsequent observation of the strong smell of marijuana, combined with the driver's excessive nervousness, provides the officer with Reasonable Suspicion that there may be illegal drugs in the vehicle. This suspicion would allow the officer to extend the stop to investigate further, perhaps by asking the occupants to exit the vehicle or requesting a K9 unit to conduct a sniff test around the car.

• Police dispatch broadcasts a "Be On The Lookout" (BOLO) alert for a suspect in a recent convenience store robbery. The description is a male, approximately 5'10", wearing a distinctive yellow baseball cap, a grey hoodie, and dark jeans, last seen heading north on Main Street. Minutes later, an officer spots a person matching this exact description walking quickly several blocks north of the robbery location, frequently looking over their shoulder.

  The officer has Reasonable Suspicion to stop this individual. The precise match of the person's appearance to the detailed BOLO description, their proximity to the crime scene shortly after the incident, and their furtive behavior (walking quickly, looking over their shoulder) collectively provide specific, articulable facts that suggest this person may be involved in the robbery. This allows the officer to briefly detain the individual to ask questions and potentially conduct a pat-down for weapons if there is a concern for officer safety, given the nature of the reported crime.