Editing Burden of proof (law) (section)

==== Reasonable suspicion ====
{{Main|Reasonable suspicion}}
Reasonable suspicion is a low standard of proof to determine whether a ''brief'' investigative stop or search by a police officer or any government agent is warranted. This stop or search must be brief; its thoroughness is proportional to, and limited by, the low standard of evidence. A more definite standard of proof (often [[probable cause]]) would be required to justify a more thorough stop/search. In ''[[Terry v. Ohio]]'', {{ussc|392|1|1968}}, the [[Supreme Court of the United States|Supreme Court]] ruled that reasonable suspicion requires specific, articulable, and individualized suspicion that crime is afoot. A mere guess or "hunch" is not enough to constitute reasonable suspicion.<ref name=Terry>''[[Terry v. Ohio]]'', 392 US at 27 [1968] "the issue is whether a reasonably prudent man, in the circumstances, would be warranted in the belief that his safety or that of others was in danger."</ref>

An investigatory stop is a seizure under the [[Fourth Amendment to the United States Constitution|Fourth Amendment]].<ref name=Terry/> The state must justify the seizure by showing that the officer conducting the stop had a reasonable articulable suspicion that criminal activity was afoot.<ref name=Terry/> The important point is that officers cannot deprive a citizen of liberty unless the officer can point to specific facts and circumstances and inferences therefrom that would amount to a reasonable suspicion.<ref name=Terry/> The officer must be prepared to establish that criminal activity was a logical explanation for what they perceived. The requirement serves to prevent officers from stopping individuals based merely on hunches or unfounded suspicions.<ref name=Terry/> The purpose of the stop and detention is to investigate to the extent necessary to confirm or dispel the original suspicion.<ref name=Terry/> If the initial confrontation with the person stopped dispels suspicion of criminal activity the officer must end the detention and allow the person to go about their business.<ref name=Terry/> If the investigation confirms the officer's initial suspicion or reveals evidence that would justify continued detention the officer may require the person detained to remain at the scene until further investigation is complete, and may give rise to the level of probable cause.<ref name=Terry/>