When police say that had reasonable suspicion to arrest and search you. What does that mean?
NSW police

In New South Wales, reasonable suspicion refers to a legal standard used by police officers to justify certain actions, such as stopping and searching a person or vehicle or entering a premises without a warrant.

It is a less stringent standard than ‘probable cause,’ which is required for an arrest or a search warrant.

To establish reasonable suspicion, the officer must have a well-founded belief that a person has committed, is committing, or is about to commit an offence. This belief must be based on specific and articulable facts and circumstances rather than mere speculation or hunch. The officer must be able to articulate the reasons for their suspicion, and these reasons must be objectively reasonable.

Reasonable suspicion can be based on various factors, such as the officer’s own observations, information received from other sources, or the person’s behaviour or demeanour. For example, an officer may have reasonable suspicion to stop and search a person if they observe the person acting suspiciously, such as looking over their shoulder or trying to conceal something.

If an officer has reasonable suspicion, they may stop and search the person or vehicle without a warrant. They may also enter a premises without a warrant if they believe that a person inside is about to commit a serious offence or is in imminent danger.

The reasonable suspicion standard is a balancing test that seeks to strike a balance between the individual’s right to privacy and the need for law enforcement to protect the community. It allows police officers to take limited actions based on a well-founded belief that a person is involved in criminal activity, but it does not give them the authority to engage in arbitrary or unreasonable searches or seizures.

If you need a criminal lawyer and you want to speak to someone urgently, please contact Joseph at Australian Criminal Defence Lawyers.

About the Author

Joseph Harb
Joseph Harb

Joseph Harb is the Principal Lawyer at Australian Criminal Defence and one of Sydney’s most respected criminal lawyers. Joseph appears in matters in all jurisdictions in Australia and has consistently achieved a solid reputation in criminal and drug matters Joseph is a keen blog writer and has a focus on social justice issues and encroachment on civil liberties

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