Written by attorneys · grounded in primary & secondary sources — see below
A standard authorizing limited government intrusions such as opening international mail or conducting brief detentions when facts and circumstances would lead a reasonable officer to suspect a violation of law or criminal activity.
Sources & Authorities
How it applies
Common Examples
6
Anonymous Tip Predicts Movements
Raymond Ramos received an anonymous call describing a suspect who would leave a specific apartment at 10 a.m., drive to a known drug house, and return with a package. Officers followed the described path exactly as predicted and stopped the vehicle. The accurate forecast of future conduct supplied the objective basis for the brief detention.
Brief Luggage Detention at Airport
Ricardo Rojas checked a suitcase at the airport after agents observed nervous behavior and a short-stay itinerary. Officers detained the bag for thirty minutes and had a dog sniff it. The limited hold and canine inspection revealed no contraband and ended the encounter without further seizure.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Rosalind Reed arrived on a one-way cash ticket from a source city, appeared nervous at the gate, and carried only a small bag. Agents stopped her after noting the itinerary and demeanor together suggested possible drug transport. The combination of factors justified the brief investigatory detention.
Observed Casing Behavior Prompts Stop
Riley Rivera and a companion paced back and forth in front of a jewelry store, peered inside repeatedly, and conferred in low voices. An officer approached and patted down the outer clothing after concluding the conduct indicated an impending robbery. The pat-down uncovered a concealed weapon.
Terry v. Ohio392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)
Mere Association Insufficient for Detention
Rita Russell stood on a street corner in a high-crime area talking with known drug users. Officers detained her solely because of the companions and location. The absence of any observed criminal conduct or furtive behavior rendered the stop unsupported.
Sibron v. New York392 U.S. 40 (1968)
Unprovoked Flight in High-Crime Area
Robert Reynolds noticed police officers and immediately fled headlong down an alley in a high-crime area. Officers pursued and stopped him based on the flight combined with the location. The combination of factors supplied reasonable cause to suspect criminal activity justifying the brief detention.
Common questions
Frequently Asked
3
How does an anonymous tip support reasonable cause to suspect?+
An anonymous tip supports the standard when it accurately predicts the suspect's future movements or conduct, indicating the caller possesses inside knowledge of criminal activity.
When may officers detain luggage based on this standard?+
Officers may detain personal effects briefly when facts create reasonable cause to suspect they contain contraband, but the detention must remain limited in both scope and duration.
Can innocuous factors alone establish reasonable cause to suspect?+
Yes, when viewed in their totality, factors such as travel itinerary, method of payment, and nervous behavior may together indicate criminal activity even if each factor standing alone would not suffice.
392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)Criminal Procedure
…John W. Terry, was convicted of carrying a concealed weapon after a police officer stopped him and two others based on reasonable suspicion that they were casing a store for a robbery. The officer patted down their outer clothing and discovered a pistol on Terry. The Ohio courts rejected Terry’s motion to suppress the weapon as…