What constitutes 'reasonable suspicion' for detaining someone?

The concept of 'reasonable suspicion' is a legal standard used in law enforcement and security contexts that allows an officer or guard to detain an individual for investigative purposes based on specific and articulable facts. The correct answer emphasizes observable behavior that indicates a person may be about to commit a crime, which is a foundational element of reasonable suspicion.

When security personnel witness actions that objectively suggest a potential crime, such as a person loitering in a suspicious manner, attempting to conceal their identity, or engaging in behavior consistent with criminal activity, these observations provide the basis for a reasonable suspicion. It’s critical that this suspicion is based on concrete evidence rather than assumptions or general feelings.

In contrast, simply hearing a rumor about potential criminal activity lacks the specificity and immediacy required to justify detention. Observing someone merely walking at night does not inherently indicate any wrongdoing and does not meet the threshold for reasonable suspicion, as being out at night is a common and lawful activity. Moreover, knowing a person's criminal history may provide context but does not alone constitute reasonable suspicion for immediate detention without observable, suspicious behavior occurring at the time. Thus, the correct application of reasonable suspicion relies on tangible, observable actions rather than mere speculation or past behavior.