Reasonable suspicion is a reasonable supposition or assumption that a crime has been or will be carried out (Lippman, 2011). This assumption is founded on the prevailing facts or circumstances that are heavily dependent on a law enforcement officer’s experience and training. It is less than probable cause. This is because it does not demand hard evidence to suffice legally. A combination or pattern of certain facts even if insignificant when looked at individually can form the premise for reasonable suspicion.
Against the backdrop of the existing prejudices and stereotypes, reasonable suspicion has become one of the avenues institutional injustice has been observed (Lippman, 2011). For example, in many black neighborhoods, a hooded individual is assumed to be a criminal particularly if he’s observed to walk alone at night. These assumptions have seen many undeserving individuals face the wrath of the law. This is because police officers use the reasonable suspicion to detain one. As such, the vagueness of this legal disposition presents an opportunity for officers to take advantage of the prevailing uncertainty to ask questions even if the discourse may be deemed voluntary.
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The vagueness of the interpretation of this legal standard of proof can see an individual implicate him or herself through anxious conduct. The anxiety may see one answer questions inconsistently and nervously thus creating room for reasonable suspicion (Lippman, 2011). A subsequent detaining may attract unwanted pressure on an individual. In other cases, the flight has been used as a basis for reasonable suspicion, but this alone cannot be used to assume that one may be guilty. Reasonable suspicion provides much autonomy or opportunity for the law enforcement officials may end up assuming anything as reasonable. As aforementioned, aimless running without underpinning circumstances may lead to the law enforcement officers making vague assumptions that they may deem as logical or with sufficient gravity to warrant detainment.
References
Lippman, M. (2011). Criminal procedure . Los Angeles: Sage.
