Effective Date: 2023-10-14
This Standard Operating Procedure (SOP) outlines the guidelines and procedures for law enforcement officers to determine and apply the standards of reasonable suspicion and probable cause during their duties. These legal standards are crucial for making arrests, conducting searches, and safeguarding the rights of individuals under investigation.
Reasonable Suspicion:
Definition: Reasonable suspicion is a lower legal standard than probable cause. It refers to the belief, based on specific and articulable facts, that criminal activity may be afoot. It's often described as a "hunch" or a level of suspicion that is more than a mere possibility but less than a probability.
Significance: Reasonable suspicion allows a law enforcement officer to stop and briefly detain an individual if they have an objectively reasonable basis to believe that the person may be involved in criminal activity. It's a limited intrusion and does not permit searches or arrests on its own.
Examples:
An officer observes an individual in a high-crime area who appears to be nervously looking around and repeatedly touching their waistband, suggesting they may be carrying a concealed weapon.
A vehicle matches the general description of one reported stolen in the area, leading to a stop and detention for further investigation.
Probable Cause:
Definition: Probable cause is a higher legal standard than reasonable suspicion. It requires a reasonable belief, based on specific and articulable facts, that a crime has been, is being, or will be committed. It is often described as a reasonable certainty or a fair probability.
Significance: Probable cause is the legal standard necessary for law enforcement to make an arrest, conduct a search, or obtain a search warrant. It represents a higher level of certainty and a stronger justification for law enforcement action.
Examples:
An officer observes a vehicle speeding, running red lights, and swerving erratically, which leads to the belief that the driver is under the influence of alcohol or drugs, justifying an arrest for DUI.
During a search of a suspect's residence, officers discover illegal drugs and paraphernalia, providing probable cause for an arrest and the seizure of evidence.
Key Differences:
Reasonable suspicion is a lower standard and allows for temporary detentions, while probable cause is a higher standard and justifies more intrusive actions, such as arrests and searches.
Reasonable suspicion is based on a belief that criminal activity may be occurring, while probable cause requires a belief that a crime has already been, is being, or will be committed.
Reasonable suspicion relies on specific and articulable facts that, when taken together, create a reasonable belief. Probable cause also requires specific and articulable facts but at a higher level of certainty.
In summary, understanding the differences between reasonable suspicion and probable cause is fundamental for law enforcement officers to ensure they apply the correct standard in various situations, thereby safeguarding individual rights and maintaining the legality of their actions.
Articulation: Law enforcement officers must be able to articulate specific and articulable facts that form the basis of their reasonable suspicion. This should be documented in reports and records.
Detention: When reasonable suspicion is established, officers may detain the individual to further investigate the suspicion. During the detention, the individual's rights should be respected, and the interaction should be as brief as possible.
Stop and Frisk: If there is reasonable suspicion that the detained individual is armed and dangerous, officers may conduct a limited frisk for weapons, ensuring safety while respecting constitutional rights.
Documentation: Officers must document the reasonable suspicion, detainment, and the basis for their suspicion in official reports.
Basis for Belief: Officers must have a reasonable basis for believing that a crime may have been committed or that evidence of the crime is present at the location to be searched.
Arrest: When probable cause is established, officers may make an arrest, conduct a search, or obtain a warrant.
Warrant Applications: In cases where a warrant is required, officers should prepare a detailed warrant application that includes the grounds for probable cause, the location to be searched, and the items to be seized.
Exigent Circumstances: In situations involving imminent danger or risk of evidence destruction, officers may conduct warrantless searches or seizures based on probable cause. The decision to do so should be well-documented.
Report and Record Keeping: Officers must ensure that all actions based on probable cause are thoroughly documented in reports, including the grounds for probable cause.
Suspicious Activity at a Park:
Scenario: An officer observes an individual in a park who is acting nervously, repeatedly looking around, and appears to be concealing something in their bag or backpack. The officer must decide whether they have reasonable suspicion to detain the individual.
Objective: The officer must assess the situation and articulate specific and articulable facts that create a reasonable belief that criminal activity may be afoot.
Answer: The officer observes the individual's nervous behavior, repeated looking around, and attempts to conceal something. To establish reasonable suspicion, the officer should approach the individual, ask a few questions, and assess whether there are specific and articulable facts suggesting potential criminal activity, such as the possession of illegal substances or weapons.
Late-Night Traffic Stop:
Scenario: An officer stops a vehicle for a broken taillight late at night. The driver seems agitated, avoids making eye contact, and fumbles while retrieving their driver's license and registration. The officer must determine if reasonable suspicion exists to investigate further.
Objective: The officer must evaluate the driver's behavior and actions to establish whether there is reasonable suspicion to continue the stop.
Answer: The officer's suspicion may be elevated by the driver's agitated behavior, avoidance of eye contact, and fumbling. To establish reasonable suspicion, the officer should ask the driver questions about their activities, seek consent to search the vehicle if necessary, and assess whether the behavior gives rise to specific and articulable facts indicating potential criminal activity.
Loitering in a High-Crime Area:
Scenario: Officers encounter a group of individuals loitering in an area known for drug activity. The group scatters when they see the police car approaching. The officers must assess whether they have reasonable suspicion to detain any of the individuals.
Objective: The officers must rely on specific and articulable facts to decide if loitering individuals exhibit behavior that suggests potential criminal activity.
Answer: The officers have observed individuals loitering in a high-crime area, and their behavior indicates awareness of police presence. To establish reasonable suspicion, the officers may detain the individuals briefly and ask questions to determine whether any specific and articulable facts point to potential criminal activity or association with known criminal elements.
Search Warrant for Suspected Drug House:
Scenario: Officers have received information from a reliable informant that a particular residence is used for drug trafficking. The officers must decide whether they have probable cause to obtain a search warrant for the residence.
Objective: The officers must review the information provided by the informant and determine if it establishes a reasonable belief that illegal drugs are present in the residence.
Answer: The officers have received information from a reliable informant about drug trafficking at a specific residence. To establish probable cause for a search warrant, the officers should gather additional corroborative evidence, such as surveillance or controlled buys, to support the informant's tip. If there is sufficient evidence to reasonably believe that illegal drugs are present in the residence, they can seek a search warrant.
Arrest for a Stolen Vehicle:
Scenario: An officer discovers a vehicle that matches the description of a car reported stolen in the area. The officer runs the license plate and confirms that the vehicle is indeed stolen. The officer must determine if they have probable cause to arrest the driver.
Objective: The officer must assess whether the information about the stolen vehicle and its presence at the scene provides probable cause for an arrest.
Answer: The officer has confirmed that the vehicle matches the description of a stolen car and runs a check that verifies its status as stolen. To establish probable cause for an arrest, the officer should arrest the driver based on the confirmed information, as there is a reasonable belief that a crime (vehicle theft) has already been committed.
Arrest for Domestic Violence:
Scenario: Officers respond to a domestic violence call and find a victim with visible injuries. The victim identifies their partner as the aggressor. The officers must assess whether they have probable cause to arrest the alleged perpetrator.
Objective: The officers must evaluate the victim's injuries, statements, and the overall situation to establish probable cause for the arrest of the alleged aggressor.
Answer: The officers have responded to a domestic violence call and found a victim with visible injuries. The victim identifies their partner as the aggressor. To establish probable cause for an arrest, the officers should arrest the alleged perpetrator based on the victim's injuries and statements, which provide a reasonable belief that a crime (domestic violence) has occurred.
Non-compliance with this SOP or violations of reasonable suspicion and probable cause standards may result in appropriate actions taken by the department.
This SOP will be periodically reviewed and updated to ensure alignment with legal requirements and best practices.
This Standard Operating Procedure establishes a clear framework for law enforcement officers to apply the standards of reasonable suspicion and probable cause while respecting individual rights and maintaining legal and ethical standards during their duties.