Reasonable Suspicion
The lower standard that allows police to briefly stop and question you — less than probable cause, more than a hunch.
What It Is
Reasonable suspicion is the evidentiary standard required for a Terry stop — a brief, investigative detention. It’s lower than probable cause but higher than a mere hunch.
An officer has reasonable suspicion when they can point to “specific and articulable facts” that, combined with rational inferences, suggest criminal activity is afoot. Terry v. Ohio, 392 U.S. 1 (1968).
What It Allows
- Brief detention: Police can stop you and ask questions
- Pat-down frisk: If the officer also has reasonable suspicion that you’re armed and dangerous, they can conduct a limited pat-down of your outer clothing for weapons
- Traffic stops: Reasonable suspicion of a traffic violation justifies a stop
What It Doesn’t Allow
- Arrest — requires probable cause
- Full search — requires probable cause, a warrant, or a warrant exception
- Extended detention — the stop must be brief and limited in scope; prolonging it beyond what’s reasonable converts it to a de facto arrest
The Line Between Stop and Arrest
A Terry stop that lasts too long, involves too much force, or moves you to a different location starts looking like an arrest — which requires probable cause. If police detained you for 45 minutes in handcuffs in the back of a squad car based on a “suspicious person” call, that’s probably an arrest, not a stop.
Key Cases
- Terry v. Ohio, 392 U.S. 1 (1968) — Created the reasonable suspicion standard
- Illinois v. Wardlow, 528 U.S. 119 (2000) — Flight from police in a high-crime area can contribute to reasonable suspicion
- Navarette v. California, 572 U.S. 393 (2014) — Anonymous tip can establish reasonable suspicion under some circumstances
- Rodriguez v. United States, 575 U.S. 348 (2015) — Traffic stop cannot be extended beyond its purpose without reasonable suspicion of additional criminal activity