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

California, United States of America


The following excerpt is from People v. Kay, D073187 (Cal. App. 2018):

suspicion' is a less demanding standard than probable cause and requires a showing considerably less than preponderance of the evidence, the Fourth Amendment requires at least a minimal level of objective justification for making the stop. [Citation.] The officer must be able to articulate more than an 'inchoate and unparticularized suspicion or "hunch" ' of criminal activity." (Illinois v. Wardlow (2000) 528 U.S. 119, 123-124 (Wardlow).)

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