What is the test for reasonable suspicion under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. O.T. (In re O.T.), A146793 (Cal. App. 2017):

The determination of reasonable suspicion is based on the totality of the circumstances confronting the officer, who must be able to " 'point to specific and articulable facts which, taken together with rational inferences from those facts,' would warrant the intrusion." (People v. Souza (1994) 9 Cal.4th 224, 229-230.) " 'An action is "reasonable" under the Fourth Amendment, regardless of the individual officer's state of mind, "as long as the circumstances, viewed objectively, justify [the] action." [Citation.]

Page 15

The officer's subjective motivation is irrelevant.' " (People v. Letner and Tobin (2010) 50 Cal.4th 99, 145.)

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