What is the test for reasonable suspicion of criminal activity?

MultiRegion, United States of America

The following excerpt is from United States v. Cuello, 19-2053 (2nd Cir. 2020):

An officer's reasonable suspicion of further criminal activity must be supported by "specific and articulable facts which, taken together with rational inference from those facts, provide detaining officers with a particularized and objective basis for suspecting legal wrongdoing." United States v. Singletary, 798 F.3d 55, 59 (2d Cir. 2015) (internal citations and quotation marks omitted). The reasonable suspicion standard is "not high" and is "less demanding than probable cause, requiring only facts sufficient to give rise to a reasonable suspicion that criminal activity may be afoot." Id. at 59-60 (internal quotation marks omitted). In determining whether a particular detention was justified by reasonable suspicion, we look at "the totality of the circumstances through the eyes of a reasonable and cautious police officer on the scene, whose insights are necessarily guided by his experience and training." Id. at 60. These circumstances may be "as consistent with innocence as with guilt." Id. (internal quotation marks omitted).

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