Lesson 9; Probable Cause & Reasonable Suspicion
Reasonable suspicion and probable cause, are two different standards required by law
for police to initiate an action involving a citizen. Broken down to the most basic
definition; Reasonable suspicion is a hunch based on training and experience. Probable
cause is a logical conclusion based on facts.
Reasonable suspicion could be best described as a lower standard than probable cause.
Reasonable suspicion is subjective to an officer's discretion. An example of reasonable
suspicion could be an officer patrolling a neighborhood where residents have recently
been victimized by car break ins. These crimes have been committed in the early hours
of the morning, and the suspect is removing multiple items from multiple cars. While on
patrol at 2 am the officer observes a subject in dark clothing standing near a car with the
interior lights on. As the officer approaches, the individual closes the door of the vehicle,
and instead of walking toward the home where the vehicle is parked, the subject walks
up the sidewalk away from the vehicle and the residence. The officer observes the
subject is wearing a dark hoodie and carrying a large duffle bag. At this point, an officer
could articulate that there was reasonable suspicion to tell the subject to stop, and the
officer could then begin a ‘Terry Stop’. Upon approaching the subject, the officer could
ask him to place the duffel bag on the ground, and advise the subject to keep their hands
out of their pockets and perform a ‘Terry Frisk’. If the subject were to flee during this
interaction leaving the duffel bag behind, the officer could choose to give chase or stand
by with the bag.
Due to the subject fleeing the officer could then articulate probable cause to obtain a
search warrant for the bag. If burglary tools or property reported missing were located
inside, the officer would then have probable cause to investigate further in an attempt to
identify and locate the subject that fled and obtain warrants for their arrest.
Reasonable suspicion and probable cause, are two different standards required by law
for police to initiate an action involving a citizen. Broken down to the most basic
definition; Reasonable suspicion is a hunch based on training and experience. Probable
cause is a logical conclusion based on facts.
Reasonable suspicion could be best described as a lower standard than probable cause.
Reasonable suspicion is subjective to an officer's discretion. An example of reasonable
suspicion could be an officer patrolling a neighborhood where residents have recently
been victimized by car break ins. These crimes have been committed in the early hours
of the morning, and the suspect is removing multiple items from multiple cars. While on
patrol at 2 am the officer observes a subject in dark clothing standing near a car with the
interior lights on. As the officer approaches, the individual closes the door of the vehicle,
and instead of walking toward the home where the vehicle is parked, the subject walks
up the sidewalk away from the vehicle and the residence. The officer observes the
subject is wearing a dark hoodie and carrying a large duffle bag. At this point, an officer
could articulate that there was reasonable suspicion to tell the subject to stop, and the
officer could then begin a ‘Terry Stop’. Upon approaching the subject, the officer could
ask him to place the duffel bag on the ground, and advise the subject to keep their hands
out of their pockets and perform a ‘Terry Frisk’. If the subject were to flee during this
interaction leaving the duffel bag behind, the officer could choose to give chase or stand
by with the bag.
Due to the subject fleeing the officer could then articulate probable cause to obtain a
search warrant for the bag. If burglary tools or property reported missing were located
inside, the officer would then have probable cause to investigate further in an attempt to
identify and locate the subject that fled and obtain warrants for their arrest.
