1. The suspect violated a law or regulation:
This could be anything from speeding to driving without a license to trespassing.
2. The facts show a crime has been committed:
There may be physical evidence at the scene, eyewitness testimony, or video footage of the crime.
3. The facts suggest the suspect is involved:
This could be due to the proximity of the suspect to the scene of the crime, their behavior, or possession of incriminating evidence.
4. There are other facts that support the suspicion:
This could be additional evidence not related to the crime itself but that suggests the person is involved in criminal activity.
5. The suspected activity is related to criminal behavior:
This means that while not all criminal activity is illegal, the behavior being investigated is plausibly associated with criminal enterprises. For example, buying or selling drugs would fall into this category, but so would receiving stolen goods or committing fraud.
6. The officer can articulate the facts they believe show a violation of law or regulation:
This means that the officer can explain why they believe the suspect has committed a crime, based on what they know so far.
7. The evidence has been considered in light of all available information and circumstances:
This includes looking at all possible ways that the evidence could be interpreted, as well as taking into account any extenuating circumstances that might impact how suspicious the behavior appears.
8. A reasonable person would consider the facts sufficient justification to act upon the suspicion:
This is a subjective standard; what one person might find to be reasonable evidence of a crime may not be seen that way by someone else. It's up to the individual law enforcement officer to make this determination.
9. The facts are sufficient for an arrest, search, or seizure under applicable laws:
This means that if an arrest were made, there would be grounds for it; if a search were conducted, there would be probable cause; and if property were seized, it would be done legally under relevant laws.
10. The officer has not acted upon other available evidence or facts:
This means that the officer is relying solely on the evidence at hand, and has not based his or her suspicion on any other outside information. This is important to ensure the rights of suspects are protected.