Probable Cause VS Reasonable Suspicion

Reasonable suspicion and probable cause are both legal standards used in criminal law to determine the level of justification required for certain actions by law enforcement. While they are related, they have distinct differences in terms of the amount and quality of evidence required. Here's an explanation of reasonable suspicion and probable cause:

Reasonable Suspicion:

Reasonable suspicion is a lower standard of justification required by law enforcement to initiate certain actions, such as a brief investigatory stop or detention of an individual. It is based on specific and articulable facts that would lead a reasonable person to believe that a crime has been, is being, or will be committed. The suspicion must go beyond a mere hunch or intuition and must be based on objective observations or information. However, reasonable suspicion falls short of the level of evidence required for an arrest or a search warrant.

To establish reasonable suspicion, law enforcement officers must be able to point to specific and articulable facts that, when taken together with rational inferences, would reasonably lead them to suspect criminal activity. These facts can include observations of suspicious behavior, information from reliable sources, or other indications of wrongdoing.

Probable Cause:

Probable cause is a higher standard of justification required by law enforcement to make an arrest, conduct a search, or obtain a search warrant. It is a reasonable belief, based on specific and articulable facts, that a crime has been, is being, or will be committed, and that the person or property to be searched or seized is connected to the crime. Probable cause requires more evidence and a stronger basis than reasonable suspicion.

To establish probable cause, law enforcement officers must have enough facts and evidence to make a reasonable person believe that a crime has been or is being committed and that the individual or property to be searched or seized is involved in the criminal activity. Probable cause can be based on direct observations, witness statements, physical evidence, expert opinions, or a combination of factors that collectively create a reasonable belief in the commission of a crime.

Key Differences:

1. Standard of Justification: Reasonable suspicion is a lower standard than probable cause. It requires a reasonable belief that criminal activity is occurring, while probable cause requires a reasonable belief that a crime has been or is being committed.

2. Level of Evidence: Reasonable suspicion requires specific and articulable facts that would lead a reasonable person to suspect criminal activity. Probable cause requires enough facts and evidence to establish a reasonable belief that a crime has occurred or is occurring.

3. Actions Permitted: Reasonable suspicion allows law enforcement officers to conduct brief investigatory stops or detentions, whereas probable cause allows for arrests, searches, and obtaining search warrants.

4. Legal Consequences: If law enforcement acts based on reasonable suspicion and discovers additional evidence during an investigatory stop, that evidence may lead to the establishment of probable cause for further action, such as an arrest. Probable cause is necessary for more intrusive actions and can be used to support criminal charges in court.

It's important to note that these standards can vary in different jurisdictions, as interpretations and applications of reasonable suspicion and probable cause may differ to some extent. However, the underlying principles generally remain consistent in establishing the level of justification required for law enforcement actions.

Detaining Suspects

The policy and structure of detaining a suspect as law enforcement generally involves guidelines and procedures that officers follow to lawfully and safely detain individuals suspected of criminal activity. 

1. Reasonable Suspicion: Law enforcement officers must have reasonable suspicion, based on specific and articulable facts, to initiate a detention. Reasonable suspicion requires more than a mere hunch or intuition and must be supported by objective observations or information that leads the officer to believe that a crime has been, is being, or will be committed.

2. Identification and Communication: When detaining a suspect, officers should identify themselves as law enforcement personnel and clearly communicate the reason for the detention. They should inform the individual that they are being detained and provide a brief explanation of the suspected offense or reason for the detention.

3. Non-threatening Approach: Officers should approach the suspect in a non-threatening manner, using clear and concise verbal commands. They should maintain a professional demeanor and avoid using unnecessary force or aggressive tactics unless necessary to protect themselves or others from immediate harm.

4. Control and Restraint: If the situation requires it, officers may use appropriate physical control and restraint techniques to safely secure the suspect. This can include handcuffing or other methods of restraint to prevent the suspect from fleeing or posing a threat to themselves or others. The level of force used should be proportionate to the situation and comply with departmental policies and legal standards.

5. Miranda Rights: When appropriate, officers should inform the detained individual of their Miranda rights, including the right to remain silent and the right to legal counsel. This is particularly important if the detention may lead to custodial interrogation or further legal proceedings.

6. Pat-Down Search: In certain circumstances, officers may conduct a pat-down search of the detained individual for weapons or other items that may pose a threat to officer safety. This limited search should be based on reasonable suspicion and follow established guidelines to ensure officer safety and the preservation of evidence.

7. Duration of Detention: The duration of the detention should be reasonable and limited to the time necessary to accomplish the legitimate objectives of the detention. Once the purpose of the detention has been fulfilled, officers should release the individual unless there is probable cause to make an arrest.

8. Documentation and Reporting: It is essential for officers to document the details of the detention, including the reasons for the detention, the suspect's behavior or actions, any evidence obtained, and any statements made by the individual. This documentation serves as a record of the encounter and may be used for legal purposes and internal review.

If the Detention of the suspect has led to enough probable cause for an Arrest follow the Arrest Policies below starting at number 6.

Note: A suspect can be detained (with probable cause) for a maximum of 30 minutes without being charged while an investigation is happening. After 30 minutes the suspect must be released if no evidence is found.

Arresting Suspects

The policy and structure of arresting a suspect as law enforcement involve guidelines and procedures that officers follow to lawfully apprehend individuals suspected of committing a crime. These protocols aim to ensure the safety of officers, the suspect, and the public while upholding the suspect's rights and following legal requirements.

1. Probable Cause: Law enforcement officers must have probable cause, based on specific and articulable facts, to make an arrest. Probable cause means having a reasonable belief that a crime has been committed and that the individual to be arrested is responsible for the offense.

2. Identification and Communication: Officers should clearly identify themselves as law enforcement personnel when making an arrest. They must inform the suspect that they are under arrest, state the reason for the arrest, and provide a brief explanation of the alleged offense.

3. Non-threatening Approach: Officers should approach the suspect in a calm and non-threatening manner, using clear and concise verbal commands. The use of force should be minimized and employed only to the extent necessary to overcome resistance or prevent harm to the officer or others.

4. Physical Control and Restraint: To ensure the safety of officers and prevent escape, physical control and restraint may be necessary. This can involve the use of handcuffs or other appropriate restraints. The level of force used should be proportionate to the situation and comply with other departmental policies and legal standards.

5. Miranda Rights: After making an arrest, officers must inform the individual of their Miranda rights. These rights include the right to remain silent and the right to legal counsel. Officers should ensure that the suspect understands these rights before proceeding with any questioning.

6. Search Incident to Arrest: In some cases, officers may conduct a search of the arrested individual and the immediate surrounding area for weapons, evidence, or officer safety purposes. This search should comply with applicable laws and departmental policies governing search and seizure.

7. Documentation and Reporting: It is crucial for officers to document the details of the arrest, including the grounds for arrest, any evidence obtained, and any statements made by the suspect. This documentation serves as a record of the arrest and may be used for legal purposes and internal review.

8. Use of Force Reporting: If any use of force occurs during the arrest, officers must note in their arrest report on the level of force used, and the justification for it being used.

9. Transfer of Custody: After the arrest, officers are responsible for safely transferring custody of the suspect to the appropriate authorities, such as a holding facility or processing center, as determined by agency policies and local procedures. This is done through either DOJ or utilizing the Jail button on your MDT.

Mirandizing Suspects

Once a suspect is under arrest, it is common curtesy to read them their Miranda Rights which follow

You have the Right to Remain Silent
Anything you say can and will be used against you in a court of law
You have the Right to an Attorney
If you are unable to afford one the state will provide one for you at your request
Do you understand these rights as I have read to you?
With these rights in mind do you wish to continue speaking to me?

However, these rights DO NOT NEED to be read at the time of the arrest. They MUST be read before any questioning of the suspect. Failure to do so would cause any and all of your evidence collected through said questioning to be inadmissible.

Note: To prevent any evidence being inadmissible in court, it is now required by the department to read any suspect their rights as soon as it is safe to do so. If you transfer a suspect into someone else's custody and have not read them their rights, you are required to inform the party they are being transferred to. This is the responsibility of the arresting officer to communicate.

Processing Suspects

Suspect Care Under Police Custody

• Whilst under our custody, suspects are to be treated with respect and to never be put into a situation that could harm them.

• If a suspect is unlawfully assaulted or their safety is put in jeopardy, all officers in attendance will be punished.

• If a suspect needs immediate care then first aid should be administered and EMS should be contacted. If no EMS are available then 2 officers will transport the suspect to Ocean to receive medical attention. Officers are not authorized to refuse medical services to suspects or witnesses under Police custody.

Right to Consult With an Attorney

• All suspects will be given the opportunity to discuss legal matters in private with a licensed attorney of their choice.

• Suspects will remain cuffed throughout the duration of the meeting. 

• Suspects will be given a 20 minute grace period at their request to wait for an attorney. If 20 minutes have passed, suspects may request an additional 5 minutes to wait. If no form of communication has been made between the suspect and an attorney then he is to be sentenced for his charges and may rebuttal at a later date with the DOJ.

Placement of Charges

• Charges will be added accordingly to the crimes committed. The adding of additional charges without probable cause to create a higher fine or sentence is prohibited and will result in disciplinary actions taken.

• You can offer Suspects "Plea Deals." Where they plead guilty to some crimes, in exchange to other charges being dropped. This can also be used if the suspect has valuble information on other criminals, and is willing to "Snitch".

• Charges can be stacked, *if the charge stacking is allowed in the specific Penal code.*.

Reductions of fines and sentences

• Reductions of fines and sentences may be done at officers discretion for good conduct or if an arrangement is made between the officer and the attorney.

• Any reductions that are made must be annotated in the report.

• MAX TIME IS 60 MONTHS!!!

• NO MAX FINE