Criminal Law—Procedure § 867
West's Key Number Digest, § 867. Reasonable Suspicion defined—Comparison with other standards
Although an officer's reliance on a mere “hunch” is insufficient to justify an investigatory stop, the likelihood of criminal activity need not rise to the level required for probable cause, and it falls considerably short of satisfying a preponderance of the evidence standard. U.S. v. Arvizu, 534 U.S. 266, 122 S. Ct. 744, 151 L. Ed. 2d 740 (2002).
In addition, a founded or articulable suspicion is not the same as proof beyond a reasonable doubt, which justifies a conviction, and is considerably less than proof of wrongdoing by a preponderance of the evidence. U.S. v. Sokolow, 490 U.S. 1, 109 S. Ct. 1581, 104 L. Ed. 2d 1 (1989); U.S. v. Mikell, 102 F.3d 470 (11th Cir. 1996); State v. Lennon, 963 So. 2d 765 (Fla. Dist. Ct. App. 3d Dist. 2007).
Reasonable suspicion also is less demanding than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause, though the police are required to articulate some minimal, objective justification for the stop. 14A Fla. Jur 2d Criminal Law—Procedure § 867
While a well founded suspicion need not be sufficiently fact-based to rise to the level of probable cause for arrest, the officer must be able to articulate something more than an unparticularized range of potential suspects to support a stop. However, reasonable suspicion for an investigatory stop can be established with information that is different in quantity or content than that required to establish probable cause to arrest. Accordingly, a police officer may stop a person for the purpose of investigating possible criminal behavior even though there is no probable cause to justify an arrest, as long as the officer has a reasonable suspicion that the person is or has engaged in criminal activity. 14A Fla. Jur 2d Criminal Law—Procedure § 867
While reasonable suspicion is a less demanding standard than probable cause and requires a showing considerably less than preponderance of the evidence, the Fourth Amendment requires at least a minimal level of objective justification for making the stop. U.S.C.A. Const.Amend. 4. Wallace v. State, 8 So. 3d 492 (Fla. Dist. Ct. App. 5th Dist. 2009).
Automobiles and Other Vehicles § 398
West's Key Number Digest, § 398. Arrest or stop, generally
An officer, who has lawfully stopped a citizen, may detain that person long enough to accomplish the legitimate purpose of the stop. If it is based on reasonable suspicion and is for investigative purposes, it may last long enough for the officer to diligently pursue an investigation to confirm or dispel the suspicion. In DUI cases, that may include certain testing procedures or waiting for other officers to arrive. Demers, 11 Florida Practice: Florida DUI Handbook § 4.4 (2007 to 2008 ed.).
In order to detain someone for a driving under the influence (DUI) investigation, the officer must have reasonable suspicion that the detainee committed the offense. U.S.C.A. Const.Amend. 4. State v. Castaneda, 79 So. 3d 41 (Fla. Dist. Ct. App. 4th Dist. 2011).
Criminal Law—Procedure § 866