What Is Reasonable Suspicion For a Police Stop?

Federal and Nevada state laws establish a general rule that police must have a reasonable suspicion of criminal activity before they can stop and detain a person. This reasonable suspicion standard is different from the probable cause standard required for an arrest or search warrant. Violation of either standard by a law enforcement officer can provide a criminal defense lawyer with the basis for challenging a criminal charge.

Understanding the Reasonable Suspicion Standard in a Criminal Case

In a criminal case, specific legal standards apply to police conduct in investigating and arresting individuals. Reasonable suspicion is one of the key standards that applies in determining whether an officer has the legal authority to stop and detain a person to investigate activity that may violate the law. The standard is extremely important in every criminal case and can be an essential component in defending against a criminal charge.

For a police officer to stop a person, including someone traveling in a vehicle, reasonable suspicion must be based on specific facts that can be articulated, rather than on a hunch or an obscure assumption or inference. The officer must be able to explain specific conduct or circumstances that led them to think that a crime was being or was about to be committed. Generally, a stop based on reasonable suspicion should be as brief and as non-intrusive as possible. Extended detention must be supported by additional evidence gathered during the stop.

The legal decision about whether reasonable suspicion existed is one that is ultimately made by a court. In analyzing whether reasonable suspicion existed, a judge takes all the surrounding circumstances into account. The standard is applied objectively, based on what a reasonable police officer in similar circumstances would conclude. It is an objective analysis that ensures a uniform standard of reasonableness.

Reasonable Suspicion in a DUI Case

Law enforcement officers have extensive training to look for specific behaviors that may indicate criminal conduct. For example, in a DUI case, the evidence of reasonable suspicion may include observation of erratic driving, including the inability to stay in a lane, inconsistent speed, driving too slow or too fast,  or slow reaction to changing traffic conditions.

If police cannot demonstrate the basis for a reasonable suspicion to support a DUI stop, an experienced criminal defense attorney can challenge the resulting DUI charge on that basis. If the stop was illegal because there was no reasonable suspicion, evidence gathered during the investigation may be subject to suppression by the court.

If you face a DUI charge or another criminal charge, the analysis of reasonable suspicion for the police stop is initially completed by your defense attorney, based on their professional training and skills in the law. It is always important to contact an attorney at the earliest possible time during or after an arrest, to make certain your rights are fully protected.

If You Are Stopped on Reasonable Suspicion

Like many states, Nevada has a statute (NRS 171.123) called a “stop and identify” law. If you are stopped by a law enforcement officer on reasonable suspicion of committing a crime or of violating parole or probation, the law requires that you identify yourself to the officer. Providing proof of identification is not required unless you are driving a vehicle. In that case, other laws require that you provide your driver’s license, vehicle registration, and proof of insurance to the officer on request.

After you identify yourself, you are not required to answer other questions during a stop on reasonable suspicion. It is important to understand these Constitutional rights and assert them if you are stopped by the police:

• Assert your right to remain silent and have an attorney present during questioning.
• Do not allow police to search your vehicle, home, or person unless the officer has a search warrant.
• Do not volunteer information or answer questions from the police, other than complying with an identification request.

Before a law enforcement officer can make an arrest or obtain a search warrant, the officer must have probable cause, which is a stricter and higher standard than reasonable suspicion. An officer may gather evidence to support probable cause after a stop based on reasonable suspicion.

Both of these legal standards, reasonable suspicion and probable cause, are essential concepts in any arrest, including one for DUI. An arrest and evidence can be challenged for lack of reasonable suspicion, lack of probable cause, or both. Assistance from a knowledgeable criminal defense lawyer is essential to identifying flaws in the basis for a stop, arrest, or search when you face any criminal charge in Nevada. For that reason, you should always contact a lawyer at the earliest opportunity after an arrest.

Schedule a Free Consultation with a Las Vegas Criminal Defense Attorney

If you face a state or federal criminal charge in Las Vegas, Henderson, or elsewhere in Clark County, call 702.857.8777 or complete our online form to schedule a free initial consultation with experienced Las Vegas criminal defense attorney Joseph Gersten.