Also known as: reasonable suspicion · reasonable-suspicion standard · Terry standard
Written by attorneys · grounded in primary & secondary sources — see below
A Fourth Amendment standard authorizing a brief investigatory detention when an officer possesses specific and articulable facts that, taken together with rational inferences, reasonably warrant suspicion that criminal activity is afoot. The standard is assessed under the totality of the circumstances and requires less than probable cause but more than an unparticularized hunch.
Select any source to read its text and confirm it supports the definition.
Roger Ramirez received a call from an informant describing a specific vehicle and predicting it would arrive at a warehouse at dawn to exchange cash for chemicals. Officers observed the vehicle arrive exactly as described and saw the driver crouch by a fuel spigot with a hose. The matching prediction supplied the particularized basis for detaining Roger and his passenger.
Rosa Ruiz checked a suitcase at the airport after arriving on a same-day flight paid in cash. Officers detained the bag for thirty minutes while a narcotics dog examined it and alerted. The limited duration and focused investigative purpose kept the detention within permissible bounds under the reasonable suspicion standard.
Ricardo Rojas arrived on a short-notice business-class ticket purchased with cash from a secrecy jurisdiction, carried a backpack of sealed envelopes, and repeatedly changed direction when he noticed marked cars. Officers also observed him hand an envelope to a known middleman near a secure bank entrance. The combination of travel details, nervous behavior, and observed exchange supplied reasonable suspicion for a brief stop.
Rowan Russell and two companions paced back and forth in front of a closed jewelry store late at night, repeatedly peering inside the display windows and conferring in low voices. An officer who had watched their movements for several minutes approached and detained them. The officer's direct observations of conduct consistent with casing the store met the reasonable suspicion threshold for a Terry stop.
Ruby Rivera stood on a corner in a neighborhood known for frequent drug sales when officers in marked uniforms approached. Upon seeing the officers, Ruby immediately turned and ran down an alley. The unprovoked headlong flight, combined with the high-crime setting, provided the officers with reasonable suspicion to pursue and detain her.
Rhea Reynolds sat in a parked car outside an apartment building where officers were executing a search warrant for narcotics. When officers exited the building, Rhea remained seated and made no furtive movements. Her mere presence near the location of suspected criminal activity did not furnish reasonable suspicion to detain her.
Reasonable suspicion requires only specific and articulable facts that, taken together with rational inferences, warrant a brief investigative stop. Probable cause demands a fair probability that evidence of a crime will be found and supports a full arrest or search warrant.
Supporting sources
An anonymous tip can support reasonable suspicion when it bears sufficient indicia of reliability, especially when the caller accurately predicts the suspect's future movements or conduct that demonstrates inside knowledge of criminal activity.
…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…
…have jurisdiction under 28 U. S. C. § 1257. II On the merits, we hold that the search was valid. The officers had reasonable suspicion that the respondent was armed and dangerous. The limited search of the passenger compartment was therefore permissible. The marijuana discovered in the trunk was properly admitted into…
…§ 647(e) requires that an individual provide "credible and reliable" identification when requested by a police officer who has reasonable suspicion of criminal activity sufficient to justify a
…evidence does refute that possibility. First, the text of the 1679 Habeas Corpus Act makes clear that indefinite imprisonment on reasonable suspicion
…from the evidence, redefines “predisposition,” and introduces a new requirement that Government sting operations have a reasonable suspicion
Supporting sources
Officers may briefly detain personal effects such as luggage when they have reasonable suspicion that the items contain contraband, but the detention must remain limited in scope and duration. A ninety-minute airport detention based solely on reasonable suspicion exceeds constitutional limits.
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Association with a drug courier profile neither establishes nor negates reasonable suspicion by itself. Profile elements may nevertheless contribute to the totality of circumstances when combined with other specific facts that together suggest criminal activity.
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An officer may draw on specialized training and experience to interpret seemingly innocuous conduct as indicative of criminal activity. The resulting commonsense inferences become part of the totality of circumstances that can support reasonable suspicion.
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