What is the current standard of probable cause under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Tran, 2d Crim. No. B280194 (Cal. App. 2018):

"A detention is reasonable under the Fourth Amendment when the detaining officer can point to specific articulable facts that, considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." (People v. Souza (1994) 9 Cal.4th 224, 231.) This is a less demanding standard than probable cause, but nevertheless requires "more than an 'inchoate and unparticularized suspicion or "hunch."' [Citation.]" (United States v. Sokolow (1989) 490 U.S. 1, 7.) Thus, "to justify an investigative stop or detention the circumstances known or apparent to the officer must include

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