Probable Cause & Reasonable Suspicion Doctrine

Created 10/25/2021 - Chief Justice DrakeM

Within this Document are the guidelines regarding the concept of “Probable Cause” needed in order for an officer to make an arrest, detain a subject, or perform a search and/or seizure AND the concept of "Reasonable Suspicion" needed in order for an officer to detain a person pertaining to an ongoing investigation and frisk them.

Probable Cause (Arrestable Offences)

• The reasonable suspicion, supported by totality of circumstance, indicating that a person attempted to or successfully committed an arrestable offense would grant probable cause.

• The confession or insinuation to the idea, fact, or knowledge indicating that a person attempted to or successfully committed an arrestable offense would grant probable cause.

Probable Cause (Non-Arrestable Offences)

• The reasonable suspicion, supported by totality of circumstance, indicating that a person attempted to or successfully committed a non-arrestable offense (such as while driving) would grant probable cause to stop them, or their vehicle (including detaining and identifying the occupants). Probable cause to stop a person for a non-arrestable offence is not the same as probable cause sufficient to search a person, or their vehicle's contents and its passengers. This type of search and seizure would require probable cause of an arrestable offence.

Reasonable Suspicion (Detention pending investigation)

• Involvement in a Crime - The condition during which a "reasonable person" (or "reasonable officer") may suspect a person of committing, attempting to commit, or going to commit a arrestable offence based on totality of circumstance would grant reasonable suspicion.

Roadblocks and Checkpoints

• Drivers may be stopped without cause if the methods with which it occurs are through checkpoints which stop all or most drivers in a seemingly systematic or random fashion without discretion for the purpose of investigating driving licenses, checking for drivers under the influence, or inspecting citizenship if under Federal authority.

Legality

Probable cause is a stronger legal standard than reasonable suspicion. Reasonable suspicion is a weaker legal standard than probable cause and does not afford the same privileges as probable cause (such as search and arrest) but does allow for frisking/pat-downs which may result in a discovery developing into probable cause; similarly probable cause enacted for non-arrestable offences may result in probable cause related to arrestable offences.

Assuming the above requirements are met an officer has the authority granted by the state to further institute a more in depth investigation on the person(s) in which they had initially began their findings on, Should it be found an officer instituted or continued an in depth investigation on such an individual in which probable cause “was not” legitimately founded by the standards held within this document, such officer(s), and or department (depending on circumstances) may be subject to extreme reprimand through the legal systems instituted and set in place by the authorities of the Judicial system, and any evidence, charges, or information founded against a person(s) who was affected by such an illegitimate probable cause claim shall be disregarded and subject to be unusable in a court of law as an effect of their rights being infringed upon (Fruit of Poisonous Tree).