On the other hand, the Ninth Circuit, sitting en banc, has held that race is an impermissible factor when considering whether the agents had an articulable
reasonable suspicion for an investigatory stop.
The government maintains that none of its compliance infractions have been intentional or in bad-faith and that since 2009, none involved application of the reasonable articulable
To the contrary, FISC's primary order authorizing the collection of telephony metadata required that designated NSA officials make a finding that there is "reasonable, articulable
suspicion" (RAS) that a seed identifier proposed for query is associated with a particular foreign terrorist organization prior to its use.
81) The circuit court criticized the district court's conclusion that there was no articulable
nexus or substantial relationship between LCB's general use of its correspondent account and the specific terrorist activities underlying plaintiffs claim.
at 21 ("[T]he police officer must be able to point to specific and articulable
facts which, taken together with rational inferences from those facts, reasonably warrant [the] intrusion.
The Court elaborated on the fact that the search and seizure is valid only when the officer has reason to believe, based on specific articulable
facts, that criminal activity is afoot.
2010) (reasonable-to-believe standard is based on common sense factors and the totality of the circumstances that evidence of the offense of the arrest is in the passenger compartment of the vehicle, in other words "particularized and articulable
reasons"); State v.
records are accessible with "specific and articulable
W]hile there need not be a showing of probable cause in a case such as this, there must be demonstrated the existence of some articulable
facts which together provided reasonable grounds to search the students.
offers specific and articulable
facts showing that there are
Second, if the questions were not related to the initial purpose of the stop, the court must determine whether they were justified by a "reasonable, articulable
suspicion" of criminal activity other than the mere traffic violation.
Probable cause is defined as specific articulable
facts giving rise to a high probability that invading the privacy interest of an individual will yield evidence of criminal conduct.
Cass Sunstein, for example, takes the Blackstonian view when he writes that "respect for private rights, the private sphere, and limited government should themselves be justified by publicly articulable
Cabralles asks the Court to decide whether the Fourth Amendment requires reasonable, articulable
suspicion to justify using drug-detection dogs to sniff a vehicle during a legitimate traffic stop.
The Court later liberalized the first prong of this test, emphasizing that "a narrow, succinctly articulable
message is not a condition of constitutional protection, which if confined to expressions conveying a `particularized message,' would never reach the unquestionably shielded painting of Jackson Pollock, music of Arnold Schonberg, or Jabberwocky verse of Lewis Carroll.