My VID Playlists / mrmotofy
Visalia PD California
OFC Marisa Burkdoll
K9 OFC William Hansen
Reasonable suspicion requires “specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant” a detention (Terry v. Ohio, 392 U.S. 1 (1968)).
Reasonable suspicion is measured by the “totality of the circumstances” and from the collective knowledge of the officers involved in the stop (United States v. Sokolow, 490 U.S. 1 (1989)).
Both the quantity and quality of the information are important to assessing reasonable suspicion. The Supreme Court has emphasized that the reasonable suspicion standard is “not high” (Richards v. Wisconsin, 520 U.S. 385 (1997)).
“The Supreme Court has repeatedly held that refusal to answer law enforcement questions cannot form the basis of reasonable suspicion. See Florida v. Bostick, 501 U.S. 429, 437, 111 S. Ct. 2382, 115 L.Ed.2d 389 (1991) ("We have consistently held that a refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure.") - U.S. v. Santos 403 F.3d 1120 (2005)
Terry v Ohio 392 U.S. 1
"Of course, the person stopped is not obliged to answer, answers may not be compelled and refusal to answer furnishes no basis for an arrest, although it may alert the officer to the need for continued observation."
Reasonable suspicion must derive from more than an "inchoate and unparticularized suspicion or 'hunch.' " Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 1883, 20 L.Ed.2d 889 (1968).
Moreover, "[c]onduct typical of a broad category of innocent people provides a weak basis for suspicion." United States v. Weaver, 966 F.2d 391, 394 (8th Cir.)
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