In New South Wales (NSW), reasonable suspicion is a legal
standard used by police officers to conduct certain actions, such as stopping
and searching a person or their property, or making an
arrest.
Reasonable suspicion means that a police officer has a genuine
and reasonable belief, based on objective facts and circumstances, that a
person has committed, is committing, or is about to commit a crime. The
suspicion must be more than a mere possibility or speculation, but it does not
need to be based on direct evidence or proof beyond a reasonable doubt.
The standard of reasonable suspicion is lower than the
standard of probable cause, which is required for more intrusive actions such
as obtaining a warrant to search a person’s home or arrest them. However, the
standard of reasonable suspicion is still a significant one, and police
officers must be able to articulate specific facts and circumstances that
support their suspicion.
It’s important to note that individuals have rights under
the law, and if they believe that their rights have been violated during a
police encounter, they should seek legal advice.
Examples of reasonable suspicion?
Here are some examples of situations that may give rise to
reasonable suspicion in NSW:
1. A police officer observes a
person walking around a residential area at night, looking into cars and trying
the door handles. Based on this behaviour, the officer may have a reasonable
suspicion that the person is attempting to steal from the cars and may stop and
search them.
2. A police officer stops a car for
a routine traffic check and smells a strong odour of marijuana coming from
inside the vehicle. Based on this observation, the officer may have a
reasonable suspicion that the driver or passengers have drugs in the car and
may conduct a search.
3. A police officer receives a
report of a recent armed robbery at a convenience store and sees a person
nearby who matches the description of the suspect. Based on this information,
the officer may have a reasonable suspicion that the person is involved in the
robbery and may stop and question them.
It’s worth noting that ‘reasonable suspicion’ is determined
on a case-by-case basis, and what may constitute reasonable suspicion in one
situation may not in another. Additionally, the circumstances must be
considered objectively, and any bias or discrimination on the part of the
police officer is not permissible in determining reasonable suspicion.
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*This article correctly reflects the Laws of NSW as at 21st June 2023.
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