What is the standard of reasonable suspicion of a stopped person?

California, United States of America


The following excerpt is from People v. Silveria, 10 Cal.5th 195, 267 Cal.Rptr.3d 303, 471 P.3d 412 (Cal. 2020):

suspecting the particular person stopped of criminal activity. [Citations.] Although a mere "hunch" does not create reasonable suspicion, the level of suspicion the standard requires is considerably less than proof of wrongdoing by a preponderance of the evidence, and obviously less than is necessary for probable cause. [Citations.] [] Because it is a less demanding standard, reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause. [Citation.] The standard depends on the factual and practical considerations of everyday life on which reasonable and prudent men , not legal technicians, act. [Citation.] Courts cannot reasonably demand scientific certainty ... where none exists. [Citation.] Rather, they must permit officers to make commonsense judgments and inferences

[267 Cal.Rptr.3d 345]

about human behavior. " ( Kansas v. Glover (2020) U.S. , 140 S.Ct. 1183, 11871188, 206 L.Ed.2d 412.)

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