What is the test for reasonable suspicion in a search warrant application?

MultiRegion, United States of America

The following excerpt is from United States v. Jackson, No. 15-1744 (2nd Cir. 2016):

In evaluating whether an officer had reasonable suspicion to justify a search, courts look to the "totality of the circumstances" to determine whether the officer had a "particularized and objective basis" to suspect the person searched of criminal activity. United States v. Arvizu, 534 U.S. 266, 273 (2002) (quoting United States v. Cortez, 449 U.S. 411, 417-18 (1981)). A "mere hunch" is insufficient, id. at 274 (internal quotation marks omitted), but "the likelihood of criminal activity need not rise to the level required for probable cause, and it falls considerably short of satisfying a preponderance of the evidence standard." Id.

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