What is the test for reasonable suspicion of criminal activity in a stop and detention proceeding?

California, United States of America


The following excerpt is from People v. McGlothin, B242058 (Cal. App. 2013):

by the person in question. The corollary to this rule, of course, is that an investigative stop or detention predicated on mere curiosity, rumor, or hunch is unlawful, even though the officer may be acting in complete good faith. [Citation.]' [Citations.]" (People v. Loewen (1983) 35 Cal.3d 117, 123; citing, inter alia, Terry v. Ohio (1968) 392 U.S. 1, 22.)

Whether suspicion was reasonable must be determined by considering the totality of the circumstances. (United States v. Arvizu (2002) 534 U.S. 266, 273-275 (Arvizu). "This process allows officers to draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that 'might well elude an untrained person.' [Citations.]" (Id. at p. 273, quoting United States v. Cortez (1981) 449 U.S. 411, 418.)

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