Searches & Seizures

Reasonable suspicion

As stated in the Introduction, "reasonable suspicion" is a critical phrase in the field of criminal procedure, because an officer may detain a suspect if he has reasonable suspicion that criminal activity is afoot, but in order to frisk a subject the officer must have reasonable suspicion that the suspect may be armed. Reasonable suspicion, as one might imagine, is difficult to define, but thankfully courts have given some attention to this subject in the past.

In Illinois v. Wardlow, 528 U.S. 119 (2000), police officers were patrolling a well-known narcotics trafficking area, and when the respondent observed the officers he fled on foot. The officers, who did not suspect the respondent of any crime prior to his fleeing from the scene, caught up with the respondent, frisked him and found that he was in possession of a handgun. The court addressed the definition of "reasonable suspicion," stating, "[w]hile 'reasonable suspicion' is a less demanding standard than probable cause and requires a showing considerably less than preponderance of the evidence, the Fourth Amendment requires at least a minimal level of objective justification for making the stop." The Court continued, noting . . .

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Page last updated: 2/17/2007
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