Also known as:reasonable-belief provision · reasonable belief
Written by attorneys · grounded in primary & secondary sources — see below
A standard appearing in various legal rules that permits a party to take specified action when the party holds a belief that is both subjectively held and objectively reasonable under the circumstances.
Sources & Authorities
How it applies
Common Examples
2
Protective Sweep After Arrest
Officers arrest Ricardo Rojas inside his home on an outstanding warrant. While securing the premises, they hear movement in an upstairs bedroom and observe signs that another person may be hiding there. Relying on those specific facts, the officers conduct a limited sweep of areas where a person could be concealed. The sweep uncovers no additional individuals but yields incriminating evidence in plain view.
Self-Defense Against Serious Harm
Rosa Ruiz faces an attacker who lunges with a knife. She draws a firearm and fires once, believing the attacker intends to inflict life-threatening injury. The shot stops the assault but causes permanent loss of function in the attacker's arm. Rosa's use of force is later evaluated under the standard that measures the harm she reasonably believed was imminent.
Put it into practice
Test Yourself
10
Practice Questions5
· 12 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Uniform Acts
Model Codes
Restatements
Hornbooks
Common questions
Frequently Asked
4
What makes a belief reasonable under the provision?+
The belief must be both honestly held by the actor and supported by circumstances that would lead a reasonable person in the same position to reach the same conclusion.
Supporting sources
Does the provision require the belief to be correct?+
No. The standard focuses on whether the belief was reasonable at the time of action, not on whether it ultimately proved accurate.
Supporting sources
How does the provision interact with the requirement of specific and articulable facts?+
In the protective-sweep context, officers must point to specific and articulable facts supporting their reasonable belief that the area harbors a dangerous individual.
Supporting sources
Can the provision excuse force that causes unexpected serious harm?+
Yes. The focus remains on the harm the actor intended or reasonably believed would result, not on harm that unexpectedly occurs.
Supporting sources
Criminal Law & ProcedureHomicide · Intended killingsUBEIntermediate