Section 1.6 Reasonable Suspicion

• Library: Criminal Practice 2012 Supp

1. (§1.6) Reasonable Suspicion

There is no precisely established definition of reasonable suspicion. It requires more than a vague suspicion but not as much as full probable cause. Whether reasonable suspicion has been established is based on the totality of the circumstances. United States v. Cortez, 449 U.S. 411, 417 (1981); State v. Woolfolk, 3 S.W.3d 823 (Mo. App. W.D. 1999); State v. Day, 87 S.W.3d 51, 55 (Mo. App. S.D. 2002).

Reasonable suspicion, like probable cause, does not need to arise from a police officer’s personal knowledge; it can be based on things such as a flier, a report from an informant, or a police bulletin. United States v. Hensley, 469 U.S. 221 (1985). Factors, even innocent factors, may be combined to form “reasonable suspicion of criminal activity.” State v. Davalos, 128 S.W.3d 143 (Mo. App. S.D. 2004) (citing Day, 87 S.W.3d at 55). Nervousness alone is insufficient to create reasonable suspicion justifying continued detention during a Terry v. Ohio, 392 U.S. 1 (1968), stop. Davalos, 128 S.W.3d 143. Nervousness can, however, be considered as a factor under the totality of the circumstances. Id...