Legal Definitions - suspensive appeal

Reasonable Suspicion

Reasonable suspicion is a legal standard that allows law enforcement officers to briefly detain a person for questioning or to conduct a limited search (such as a pat-down for weapons) if they have a specific, objective, and articulable reason to believe that the person is involved in criminal activity.

It is a lower standard than "probable cause," which is required for an arrest or a full search, but it demands more than just a vague hunch or a gut feeling. An officer must be able to point to specific facts and circumstances that, when viewed together, suggest criminal behavior. These facts must be capable of being explained and justified to a court.

• Example 1: Late-Night Activity Near a Business
  A police officer is patrolling a quiet commercial district at 2:00 AM and observes an individual repeatedly walking back and forth in front of a closed electronics store. The person is carrying a large, empty duffel bag and frequently glances over their shoulder, appearing nervous. When the patrol car slows down, the individual quickly ducks into a dark alleyway.

  How it illustrates the term: The officer has reasonable suspicion to stop and question this individual. The specific, articulable facts include the late hour, the individual's repeated pacing, the empty duffel bag (which could be used to carry stolen goods), the nervous behavior, and the attempt to evade the police. These facts, taken together, create an objective basis to suspect the individual might be casing the store for a burglary or attempting to break in.

• Example 2: Vehicle Matching a Crime Description
  Police dispatch broadcasts an alert for a hit-and-run accident, describing the suspect vehicle as a silver sedan with significant front-end damage and a broken headlight, last seen heading eastbound on Main Street. Five minutes later, an officer patrolling three blocks east of the accident scene spots a silver sedan with fresh front-end damage and a broken headlight traveling in the described direction.

  How it illustrates the term: The officer has reasonable suspicion to pull over the silver sedan. The specific facts are the recent hit-and-run report, the detailed description of the vehicle's make, color, and damage, and the proximity in both time and location to where the suspect vehicle was last seen. These facts provide an objective basis to suspect the driver was involved in the hit-and-run.

• Example 3: Furtive Behavior in a High-Crime Area
  While on foot patrol in an area known for illegal drug sales, an officer observes two individuals standing close together. One individual quickly hands a small, wrapped package to the other, who immediately places it into their sock. Both individuals then quickly separate and walk in opposite directions, avoiding eye contact with the approaching officer.

  How it illustrates the term: The officer has reasonable suspicion to briefly detain and question one or both individuals. The specific facts include the known high-crime area, the furtive exchange of a small, wrapped item, the quick concealment of the item, and the immediate separation and evasive behavior upon seeing the officer. These actions, while not definitive proof of a crime, provide an objective basis to suspect illegal drug activity.