• Law
College

Which of the following means of establishing "reasonable suspicion" is illegal?

A. An officer claimed "reasonable suspicion" even though the suspect has an innocent explanation.

B. "Reasonable suspicion" was established because the suspect possesses the physical profile of the typical offender for the alleged crime.

C. "Reasonable suspicion" was established with information of different quantity that does not reach the standard of probable cause.

D. "Reasonable suspicion" arose from information that is less reliable than that which is required to establish probable cause.

Answer :

Final answer:

Out of the methods listed for establishing reasonable suspicion, claiming it despite an innocent explanation is illegal, as it undermines the essence of reasonable suspicion. Legal standards require a factual basis, not just possible criminality inferred from appearance or unreliable information. Accurate application of the reasonable suspicion standard is essential to protect individual rights.


Explanation:

Understanding Reasonable Suspicion

The concept of reasonable suspicion is crucial in law enforcement, especially when it comes to stops and searches. It is a legal standard that allows police officers to investigate or detain a person when they have a factual basis to believe that the individual may be involved in criminal activity. However, not all methods for establishing reasonable suspicion are legal.

Identifying Illegal Means of Establishing Reasonable Suspicion

From the options provided, the illegal means of establishing reasonable suspicion would be:

  1. An officer claimed "reasonable suspicion" even though the suspect has an innocent explanation.
  2. "Reasonable suspicion" was established with information of different quantity that does not reach the standard of probable cause.
  3. "Reasonable suspicion" arose from information that is less reliable than that which is required to establish probable cause.

In legal terms, reasonable suspicion cannot rest on a mere hunch, and if an innocent explanation is available, the suspicion is considered premature. Profiling based solely on physical appearance can lead to discrimination, which is likewise not a valid basis for suspicion.


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