When can profiles be used in building reasonable suspicion?
What will be an ideal response?
Government agents can rely on profiles to decide whether reasonable suspicion
exists. Profiles are neither direct observation by the officer nor hearsay information
from a second hand source. Direct observation and hearsay are based on
individualized suspicion. That is, either the officer observes first-hand or obtains
information from somebody who claims to have first-hand knowledge about
particular facts pointing to individual suspects.
Profiles, on the other hand, are derived from suspicion based on gross statistical data
that put individuals into a category. The U.S. Supreme Court has never ruled on
whether a profile by itself can amount to reasonable suspicion. However, in United
States v. Sokolow, the Court found that whether a person fit into the so-called drug
courier profile could be used along with other facts to determine reasonable
suspicion.
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