Question

Difference between probable cause and reasonable suspicion

Answer 1

• Probable Cause: - Probable Cause is the authority which gives an Officer or someone of said power to enforce a broken law/rule.

EXAMPLE 1: Officer 1 stops Car 1 for speeding and swerving, Officer 1 gets to the vehicle and it smells heavily of alcohol and sees beer bottles in the passenger seat, Officer 1 then instructs the Driver of Car 1 to step out of the vehicle and does several DUI tests, Driver of Car 1 fails and gets arrested by Officer 1.

--- Explanation 1: Officer 1 had probable cause to arrest the driver due to drinking alcohol and failing the dui tests since Officer 1 saw bottles and smelled alcohol, this could have been avoided if Driver of Car 1 didnt drunk drive nor have sped or swerved.

• Reasonable Suspicion:

- Reasonable Suspicion is the authority which gives an Officer of someone of said power to investigate the activity and who may be involved.

EXAMPLE 2: Dispatch calls out a BOLO [Be On the Look Out] for said person who committed a felony hit and run, vehicle is said to be a red Chevy truck. Officer 1 sees a red Chevy truck that fits the match Dispatch called out. Officer 1 calls for additional units, Officer 2 and 3 show up, and Officer 1 conducts the stop. Officer 1 and 2 approach with caution. Driver of said truck and Officers go back and forth eventually having the subject out of the truck and questioning. Officer 1 says "We have reason to believe you were involved in a felony hit and run." - Truck owner complies and all Officers find out the subject they stopped if NOT the person they are looking for.

--- Explanation 2: Officer 1 thinks the truck is a perfect match of what Dispatch called out, Officer 1 asks for more units causing Officer 2 and 3 to arrive, they investigate the situation later finding out the person they stopped was not the person they were looking for, but stopped that truck anyways because they have REASON TO BELIEVE (Reasonable Suspicion) that they were involved in the felony crime that occurred minutes ago.