Probable Cause & Reasonable Suspicion

“We need to accept that we won’t always make the right decisions, that we’ll screw up royally sometimes―understanding that failure is not the opposite of success, it’s part of success.”

Probable Cause

Probable Cause- When there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). (Stronger evidence than Reasonable Suspicion)
- More than hunch/reason to believe with evidence and facts to arrest a suspect of a crime..
- Under exigent circumstances, probable cause can also justify a warrantless search or seizure. (BEACHPPISS) 10 circumstances
  - Border Searches (US & Canada / Mexico Border or State Lines)
  - Emergencies (Someone could be injured in a house or Vehicle)
  - Administrative searches (Store license to sell something EX:liquor)
  - Consent (Person allows officer to search them)
  - Hot Pursuit (LEO can follow Felony Suspect into house while in Pursuit)
  - Probable cause & exigent circumstances (Probable cause that a subject has contraband that could be destroyed unless taken immediately)
  - Plain View (Any evidence or item used of a crime in view)
  - Inventory (Vehicle / mobile conveyance is being towed)
  - Search incident to arrest (When being booked for jail)
  - Stop and Frisk (“Terry Stop”-Terry v. Ohio, a search can be held on a suspect on street without probable cause.But LEO has to have reasonable suspicion that suspect has, is, or will commit a crime,

and must have reason to believe suspect is armed and dangerous.)

Legal Definition- Sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. While some cases are easy (pistols and illicit drugs in plain sight, gunshots, a suspect running from a liquor store with a clerk screaming "help"), actions "typical" of drug dealers, burglars, prostitutes, thieves, or people with guilt "written across their faces," are more difficult to categorize. "Probable cause" is often subjective, but if the police officer's belief or even hunch was correct, finding stolen goods, the hidden weapon or drugs may be claimed as self-fulfilling proof of probable cause. Technically, probable cause has to exist prior to arrest, search or seizure.

Reasonable Suspicion

Reasonable Suspicion- Reasonable suspicion is a standard established by the Supreme Court in a 1968 case in which it ruled that police officers should be allowed to stop and briefly detain a person if, based upon the officer’s training and experience, there is reason to believe that the individual is engaging in criminal activity. The officer is given the opportunity to freeze the action by stepping in to investigate. Unlike probable cause that uses a reasonable person standard, reasonable suspicion is based upon the standard of a reasonable police officer.
- Having a hunch to detain subjects to investigate to understand if a crime has, is, will occur.