What is the test for reasonable suspicion of criminal activity?

California, United States of America


The following excerpt is from People v. Johnson, F060077, Kern Super. Ct. No. BF129298A (Cal. App. 2011):

detention will be justified if the combination of circumstances also supports a reasonable suspicion of criminal activity. [Citation.]" (People v. Daugherty (1996) 50 Cal.App.4th 275, 287.)" ' [T]he relevant inquiry is not whether particular conduct is "innocent" or "guilty," but the degree of suspicion that attaches to particular types of noncriminal acts.' " (Sokolow, supra, 490 U.S. at p. 10.)

The concept of reasonable suspicion cannot be reduced to " 'a neat set of legal rules.' [Citation.]" (Sokolow, supra, 490 U.S. at p. 7.) "The guiding principle in determining the propriety of an investigatory detention is 'the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security.' [Citations.] In making our determination, we examine 'the totality of the circumstances' in each case. [Citations.]" (People v. Wells, supra, 38 Cal.4th at p. 1083.)

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