Reasonable Suspicion - Precedent

Precedent

In Terry v. Ohio, the U.S. Supreme Court ruled that a person can be stopped and briefly detained by a peace officer based on a reasonable suspicion of involvement in a crime. If the officer additionally has reasonable suspicion that the person is armed and dangerous, the officer may perform a search of the person's outer garments for weapons. Such a detention does not violate the Fourth Amendment prohibition on unreasonable searches and seizure, though it must be brief. Reasonable suspicion does not provide grounds for arrest; however, an arrest can be made if facts discovered during the detention provide probable cause that the suspect has committed a crime.

In Hiibel v. Sixth Judicial District Court of Nevada the Court further established that a state may require, by law, that a person identify himself or herself to an officer during a stop; some states (e.g., Colorado) require that a person detained provide additional information, but as of November 2010, the validity of such additional obligations has not come before the Supreme Court.

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