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Reasonable suspicion is a standard for law enforcement officers to conduct stop and search. It is based on the “reasonable person” and is not as high as probable cause. Terry’s arrest allows for a search for weapons, but refusing to answer questions is not grounds for reasonable suspicion.
In United States law, reasonable suspicion is a standard that must be met for a law enforcement officer to conduct an stop and search. Other nations may have similar standards, depending on how their legal systems are structured. It is important for people from the United States to be aware that the standard of reasonable suspicion is not met in all countries and that law enforcement agencies can behave very differently during routine stops in some regions of the world.
This standard is based on the mythical “reasonable person”. If reasonable suspicion is found, it means that a reasonable person would have had reason to believe that the person in question was about to commit a crime or had committed a crime. This standard is not as high as probable cause, the standard that must be met to issue a warrant.
Some examples of situations where a reasonable suspicion may be satisfied include a situation where a crime has just been committed and someone matching the description of the perpetrator is located by the police, someone in the area of a crime who flees or avoids contact with the police, someone who drops a suspicious item in the presence of a police officer or someone carrying tools and equipment that could be used to commit a crime. For example, someone walking down the street with a baseball bat at three in the morning and looking at the contents of cars might meet the standard for reasonable suspicion.
If an officer has a reasonable suspicion that someone is involved in criminal activity, that person can be stopped and searched for weapons in a procedure known as Terry’s arrest. If the police officer thinks the person may be armed, the person may be stopped at gunpoint to protect the officer’s safety. The target of reasonable suspicion may also be detained briefly while the police officer asks a few questions.
It is important to note that if a police officer stops someone and starts asking questions, refusing to answer questions is not grounds for reasonable suspicion. Nor is it asking if one is free to go. When someone is stopped by the police in the United States, it is entirely appropriate to ask if he is free to go, and if the officer says “no,” the person being stopped can indicate that he will not answer any more questions without an attorney present.
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