Also known as:articulable suspicions · reasonable suspicion
Written by attorneys · grounded in primary & secondary sources — see below
A quantum of suspicion authorizing a limited investigatory detention when supported by specific and particularized facts indicating criminal activity. The standard falls short of probable cause but requires more than a mere hunch.
Sources & Authorities
How it applies
Common Examples
6
Anonymous Tip Predicts Movements
Aaron Adams receives an anonymous call describing a suspect who will exit a building at a precise time, enter a specific vehicle, and drive to a known drug location. Officers observe the predicted conduct unfold exactly as described. They detain the suspect briefly to investigate further.
Brief Luggage Detention
Alan Ackerman's suitcase draws attention at an airport due to nervous behavior and a short turnaround itinerary. Officers detain the bag for a narcotics dog sniff lasting under thirty minutes. The limited hold allows verification without prolonged interference.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Hornbooks
Study Supplements
Andre Antoine arrives on a cash one-way ticket from a source city, appears nervous, and carries little luggage. Officers note these details alongside his arrival time and route. The combination supports a brief stop to ask questions.
Vehicle Area Search
Anthony Arnold is stopped for a traffic violation and appears agitated near the passenger compartment. Officers see a knife on the seat and conduct a limited search of the area within reach. The intrusion stays confined to officer safety concerns.
Michigan v. Long463 U.S. 1032 (1983)
Street Corner Observation
Alexis Archer stands on a corner in a high-crime area and repeatedly approaches passing cars in a manner consistent with drug sales. Officers watch the pattern for several minutes before approaching. The observed conduct justifies a brief detention.
Terry v. Ohio392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)
Identification Demand
Albert Allen walks repeatedly past the same block late at night without apparent purpose. Officers request identification during the encounter. Refusal alone does not extend the stop beyond the initial justification.
Kolender v. Lawson461 U.S. 352, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983)
Common questions
Frequently Asked
5
What level of suspicion does articulable suspicion require compared to probable cause?+
Articulable suspicion demands specific facts indicating criminal activity but falls short of the fair probability required for probable cause. It authorizes only brief detentions rather than arrests or full searches.
Can an anonymous tip alone establish articulable suspicion?+
An anonymous tip supports articulable suspicion only when it carries sufficient indicia of reliability, such as accurate predictions of future conduct that demonstrate inside knowledge.
How does the totality of the circumstances test apply to articulable suspicion?+
Innocuous factors such as travel patterns, payment methods, and demeanor may collectively create articulable suspicion even if no single factor would suffice on its own.
Does articulable suspicion permit detention of personal property?+
Officers may briefly detain luggage or other effects on articulable suspicion of contraband, provided the detention remains limited in scope and duration.
What role does officer experience play in forming articulable suspicion?+
Officers may draw on specialized training to interpret observed conduct that would appear innocent to a layperson, provided the inference remains objectively reasonable under the totality of circumstances.
392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)Criminal Procedure
…the problem is to determine what makes a frisk reasonable. If the State of Ohio were to provide that police officers could, on articulable suspicion less than probable cause, forcibly frisk and disarm persons thought to be carrying concealed weapons, I would have little doubt that action taken pursuant to such authority could be…