Application of Reasonable Suspicion & Probable Cause
It is important to understand the difference between the two and what they do and don`t enable you to perform in the field.
Last updated
It is important to understand the difference between the two and what they do and don`t enable you to perform in the field.
Last updated
The difference between the two:
Reasonable suspicion is a step before probable cause. At the point of reasonable suspicion, it appears that a crime may have been committed. The situation escalates to probable cause when it becomes obvious that a crime has most likely been committed. Evidence is key to having a distinct difference where the required Probable Cause has been reached to arrest and search a suspect. If you only have DNA for example, you need at least 2 pieces of corroborating evidence. One piece of evidence would only give you reasonable suspicion and a Warrant for Questioning.
When can you Frisk?
You can conduct a frisk when you have Reasonable Suspicion that a person has committed, will commit or is committing a crime AND is armed and dangerous. (Terry v. Ohio 1968).
It is very important to note when you frisk, and subsequently you remove a weapon - You can only see the weapon and nothing else.
When can you Search a person or vehicle?
You can conduct a search of a person when you have Probable Cause to make an arrest of a person / The vehicle has been involved in the crime or contain illegal contraband.
You can conduct a search of a person / Vehicle when you have consent.
You can conduct a search of a person under extreme circumstances(Where saving some ones life takes precedent over the SOPs and caselaws).
You can search a vehicle when you are checking the vehicle after an incident where you impound the car.
If an officer illegally searches an individual, the legal goods should be returned. Anything illegal should be confiscated. The suspect should be released with no charges. If they want to contest the search then they should be advised to do this through court proceedings.
Identification of flight risk suspects
The standard operating procedure for DNA and fingerprinting a suspect is to carry this out back in the cells at VPD. If we have probable cause and believe that the suspect is a possible flight risk (going to be interference to spring the individual free) then we are covered to take a DNA and Fingerprint sample on the roadside. You cannot take DNA, fingerprints or search a suspect without probable cause however you can GSR and frisk for a weapon with Reasonable Suspicion.