翻訳と辞書 |
reasonable suspicion : ウィキペディア英語版 | reasonable suspicion Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch;〔''Terry v. Ohio'', .〕 it must be based on "specific and articulable facts", "taken together with rational inferences from those facts",〔''Terry'', 392 U.S., at 21.〕 and the suspicion must be associated with the specific individual.〔''Ybarra v. Illinois'', .〕 If police additionally have reasonable suspicion that a person so detained is armed and dangerous, they may "frisk" the person for weapons, but not for contraband like drugs. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard,〔''Terry'', 392 U.S., at 21–22.〕 in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity; it depends upon the totality of circumstances, and can result from a combination of particular facts, even if each is individually innocuous. ==Precedent== In ''Terry v. Ohio'', the U.S. Supreme Court ruled that a person can be stopped and briefly detained by a police officer based on a reasonable suspicion of involvement in a punishable crime. If the officer has reasonable suspicion the detainee is armed, the officer may perform a "pat-down" 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;〔''Hiibel v. Sixth Judicial District Court of Nevada'', .〕 some states (e.g., Colorado〔 Colo. Rev. Stat. (§16-3-103(1) ).〕) require that a person detained provide additional information.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「reasonable suspicion」の詳細全文を読む
スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|