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Criminal Procedure • Exclusionary Rule
CRIMPRO#020
Legal Definition
Police can stop someone without probable cause so long as they have reasonable suspicion based on articulable facts.
Plain English Explanation
We've covered this in a previous card for Terry stops, but it's worth repeating. The line that the law has created in order to stop someone is "reasonable suspicion supported by articulable facts," meaning it is enough of a "gut feeling" that the police officer can put it into words and explain to someone. For example, if Officer stops Bob standing outside of a bank because Bob "looked at him funny," this isn't a lawful stop. However, if Officer stops Bob running out of a bank because Bob looked at him nervously while an alarm could be heard in this background and $20 bills fell out of Bob's pockets, suddenly the Officer has a reasonable suspicion that Bob robbed the bank, and can articulate his suspicion in the same way described here.
Related Concepts
What are special needs search exceptions to the warrant requirement?
What are the 5 exceptions to the fruit of the poisonous tree exclusionary rule?
What are the exceptions to the warrant requirement?
What are the Terry stop and frisk rules?
What are the wiretapping and eavesdropping exceptions to the warrant requirement?
What does the 4th Amendment protect against?
What is a facially valid warrant?
What is the automobile exception to the warrant requirement?
What is the consent exception to the warrant requirement?
What is the evanescent evidence, and hot pursuit exception to the warrant requirement?
What is the exclusionary rule?
What is the fruit of the poisonous tree doctrine?
What is the good faith defense to an invalid warrant?
What is the harmless error rule?
What is the plain view exception to the warrant requirement?
What is the search incident to arrest exception to the warrant requirement?
When are police checkpoints valid?
When are police excused from knocking and announcing?
When does a person have automatic standing and a reasonable expectation of privacy in a 4th Amendment violation claim?
When do individuals have no standing and no reasonable expectation of privacy in a 4th Amendment violation claim?
When is a warrant based on a tip by an informant sufficient?
When is the exclusionary rule inapplicable?
