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Reasonable Suspicion or Probable Cause?

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Bald-eagle-in-flight_860_max50

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Posted about 3 years ago

 

Only reason I'm asking here is because I can't find it using the search function and I don't want to rely on the lawyer-type sites - I can't understand the legalese anyhow.  I know there's a difference between reasonable suspicion and probable cause, but I don't know what it is.  Anyone willing/able to help me out here?  I'll understand if you don't want to post it in an open forum; PM me if you prefer.


I know I'm no LEO (at least not yet) but in my current position with private Security the distinction may help.  Any help y'all are willing to provide is appreciated.  Have a great and safe Independence Day!


 


Moved per the Op's request.


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1979_max50

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Rate This | Posted about 3 years ago

 

Check out the "legal" discription in Blacks Law Dictionary. Also you will find many referances in Constitutional Law Books with ref to Supreme Court cases.

Strafzettel_max50

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Rate This | Posted about 3 years ago

 

OP posted in a LE area... should this be moved??


"PL Mentoring Team Member".

Rafngreenblack_max50

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Rate This | Posted about 3 years ago

 

Probable Cause (PC)....Facts which when presented to a reasonable and prudent person (citizen) would lead them to believe a crime is being, has been, or is about to be committed.


Reasonable Suspicion (RS)...Facts which when presented to a reasonable and prudent LEO would lead them to believe a crime is being, has been, or is about to be committed.


PC requires a higher level of "proof" , or hard facts if you will, such as a vehicle with a headlight out would justify a traffic stop.


RS is that "gut feeling" LEO's develop, like seeing a carload of dirtbags and knowing from past experience they are up to no good. You can't stop them just for being dirtbags, (But you can certainly follow them until you can obtain PC! lol)


Hope this helps...


 

The_cops_max50

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Rate This | Posted about 3 years ago

 

MH557 summed it up pretty good.  Another example for reasonable would be the car load of dirtbags pulling out of a closed business at 0300.  Suspicion is that they had no business to be back there and a stop could be possibly be made on reasonable suspicion.  The court case you want to look at is Terry v. Ohio, it is the basis for reasonable suspicion.  The thing to remember is your reasonable suspicion is built on your training and experience, and is a little different for everyone. 

Bald-eagle-in-flight_860_max50

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Rate This | Posted about 3 years ago

 

Thanks for the responses folks.  When I get a second I'm going to check out the resources Robo mentioned, and MH557 helped out a lot too.  Now I can actually speak somewhat intelligently about stuff .

Imagesca4hzk2w_max50

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Rate This | Posted about 3 years ago

 

I'd also like to add that you need Probable Cause in order to arrest. Reasonable suspicion is not enough. (at least in my state)


I'm married to the LORD..no prenup

1979_max50

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Rate This | Posted about 3 years ago

 

Terry vs Ohio is the standard and ref in Blacks. In today's world PC is harder to satisfy but that must be met to insure you have a good case. The abiloity to articulate your suspicions makes much of the differance. You can no longer get away with the "In my experiance" statement. You MUST be able to cite those experiances and the number of them, the number in that area as well as the incidence of criminal behaviour etc, etc. Tough but if you keep your head and eyes wide open you can usually find enough of the criteria to meet PC.