Also known as: founded suspicions · reasonable suspicion
Written by attorneys · grounded in primary & secondary sources — see below
A standard of suspicion authorizing a brief investigatory detention when an officer possesses a particularized and objective basis for believing that criminal activity may be afoot. The standard requires more than an unparticularized hunch yet less than probable cause and is assessed under the totality of the circumstances.
Finn Fletcher receives an anonymous call describing a suspect who will exit a building at a precise time, enter a specific vehicle, and drive to a known drug location. Officers observe the exact sequence unfold. The matching predictions supply founded suspicion for a Terry stop.
Faith Fitzgerald's suitcase is held at an airport after officers note nervous behavior and a short cash-purchased trip. A trained dog alerts within twenty minutes. The limited detention rests on founded suspicion that the bag contains contraband.
Flora Ford arrives on a one-way cash ticket from a source city, appears nervous, and carries little luggage. Officers note these details together with her evasive answers. The combination of factors creates founded suspicion for a brief stop.
Select any source to read its text and confirm it supports the definition.
Frank Fisher watches Fabian Flynn pace repeatedly past a jewelry store window, peer inside, and confer with a companion. The officer concludes the men are casing the store. Founded suspicion justifies an immediate stop and pat-down.
Fatou Fall stands near a known narcotics dealer on a street corner but engages in no observed transaction. Officers detain her solely because of the companion. Founded suspicion is lacking because the facts supply no particularized link to criminal activity.
After arresting the driver of a parked car, officers search the passenger compartment for weapons. Founded suspicion of danger or evidence in the vehicle is required to justify the search once the occupants are secured.
Founded suspicion requires only a particularized and objective basis to suspect criminal activity, whereas probable cause demands facts sufficient for a prudent person to believe a crime has been or is being committed.
Supporting sources
An anonymous tip can support founded suspicion when it contains predictive details that are later corroborated, indicating the caller possesses inside knowledge of criminal activity.
Supporting sources
Innocuous factors such as travel itinerary, cash payment, and nervous behavior may collectively support founded suspicion when viewed together under the totality of the circumstances.
Supporting sources
…John W. Terry, was convicted of carrying a concealed weapon after a police officer stopped him and two others based on reasonable suspicion that they were casing a store for a robbery. The officer patted down their outer clothing and discovered a pistol on Terry. The Ohio courts rejected Terry’s motion to suppress the weapon as…