Question

Terry Stop requires "reasonable suspicion". In your opinion, what is reasonable suspicion? For example, is the odor of marijuana enough to conduct a stop and frisk? What if the individual being questioned has a history of drug trafficking and weapons offenses, and seems evasive during a traffic stop in an area known for drug use / trafficking?

Answer 1

Reasonable suspicion is the belief of law enforcement officers to stop any person for search or seizure which justifies to detain any person by police officers.It is less than probable cause as probable cause require beliefs with evidence or facts. Reasonable suspicion is provide the reason or basis to the police officer prior to stop any person or detaining.

In many previous cases, court has cleared it that odor or smell of marijuana is not probable cause for searching any person or their vehicle. The fourth Amendment protect people from unreasonable and unnecessary searching and seizure. Police officer can stop and frisk a person if they have reasonable Grounds and belief that person is carrying more than 10gm marijuana or he has committed felony.

If any individual has a history of drug trafficking and weapons offenses, and seems evasive during a traffic stop in an area known for drug use / trafficking then also fourth Amendment protect his right, a police can't stop and frisk only if they have reasonable suspicion, here reasonable means reasonable grounds to stop and search a person. So if they have information or strong doubt that person may under the influence of Marijuana or carrying more than 10grams or they have committed any felony then they can stop and frisk the person.