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How does the U.S. Supreme Court explain reasonable suspicion?
It is determined by viewing each act in a sequence separately.
It must be assessed based on the reasonable person standard, meaning what a reasonable, average citizen would do in the same situation.
It is based on the totality of the circumstances.
It cannot be based in part on any individual factors that alone would not sustain reasonable suspicion.
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The correct statement is: "It is based on the totality of the circumstances."
Why:
- The Supreme Court has repeatedly said reasonable suspicion is an objective, totality‑of‑the‑circumstances inquiry (see Terry v. Ohio, 392 U.S. 1 (1968); United States v. Cortez, 449 U.S. 411 (1981)).
- In United States v. Arvizu, 534 U.S. 266 (2002), the Court rejected analyzing each fact in isolation or "compartmentaliz[ing]" the observations; lawful but innocent acts may be considered together and, in combination, support reasonable suspicion.
- The standard is objective and judged from the perspective of a reasonable officer confronted with the facts and the officer’s training/experience—not by what an average private citizen would do.
Why:
- The Supreme Court has repeatedly said reasonable suspicion is an objective, totality‑of‑the‑circumstances inquiry (see Terry v. Ohio, 392 U.S. 1 (1968); United States v. Cortez, 449 U.S. 411 (1981)).
- In United States v. Arvizu, 534 U.S. 266 (2002), the Court rejected analyzing each fact in isolation or "compartmentaliz[ing]" the observations; lawful but innocent acts may be considered together and, in combination, support reasonable suspicion.
- The standard is objective and judged from the perspective of a reasonable officer confronted with the facts and the officer’s training/experience—not by what an average private citizen would do.
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