Reasonable suspicion

Reasonable suspicion and probable cause can each play a role in making an automobile stop, however the terms are used interchangeably. The term, probable cause” is used to “support” a traffic stop, whereas the term “reasonable suspicion” is used as a standard that complies with the Fourth Amendment; the right against “unreasonable” searches and seizures. So if officers are within the rights, he may then proceed to stop a vehicle; that is if he has “reasonable suspicion” to believe that a traffic…

of the Case In the Supreme Court, a pre-trial application under s 590AA was sought to exclude evidence obtained based on public policy. The grounds for this application were the result of an improper search conducted without the required reasonable suspicion on the part of K (the searching officer). Mr Callaghan, council for N, argued the forensic…

Constitution specifically states “no Warrants shall issue, but upon probable cause…” (U.S. Constitution – Amendment 4). Additional, the U.S. Supreme Court ruled that some searches and seizures may be classified as constitutional based on reasonable suspicion and not justified as probable cause. (Lushbaugh, C. A. and Weston, P. B. (2012) Probable cause is a discretionary law that is left up to the officer to determine if he/she has adequate information to entertain probable cause. This action…

weapons in the car, but it is true that abnormal behavior may further the investigation of the suspect or citizen. Is it possible that they could miss-judge? Of course, but I would say these types of scenarios don’t often occur. In addition, reasonable suspicion could lead to discrimination or racial profiling. Did you hear about what Massachusetts did? The highest court of Massachusetts ruled that African-Americans that voluntarily flee…

of civil rights. The response that follows from a law enforcement officer must include a reasonable suspicion as to why the stop was made. A reasonable suspicion usually involves a line of reasoning that makes an individual a suspect for a crime that has been committed. If no reasonable suspicion is given, the detained person can simply walk away. If the person is stopped despite having no reasonable suspicion, it is best to take matters to court and comply with the rogue…

The court saw Mr. Choplick's action as a reasonable one. His decision for opening T.L.O.'s purse was due to his suspicion of illegal matters that violated school rules. The purse contained evidence of marijuana violations in plain view. Mr. Choplick was then entitled to push further a search to determine T.L.O.'s drug related…

As American citizens, we enjoy safeguards against unreasonable searches and seizures afforded to us by the 4th Amendment. Furthermore, the 4th Amendment grants us a reasonable expectation of privacy within our homes and on our persons. But, you may ask, what about when we are in our vehicles? Do we enjoy that same level of privacy as we do in our homes? According to our textbook no, we don’t. Our vehicles have a lesser expectation of privacy for several reasons, among them are mobility,…

Residing in a lower socioeconomic community, one sees the racial and ethnic stereotyping by the officers that patrol the area. Probable cause does not seem to exist in neighborhoods such as ones where I grew up. Reasonable suspicion appears to be the norm, although their reasonable suspicion is based only on how they look. It is sad this is the standard for many communities. When a person of a different race (other than Caucasian) walks out of their home, they are aware of the possibility…

was observed, they met to conference. The new standard of “Reasonable Suspicion” created by the Supreme court for the police department is, in my opinion, valid. When a person exhibits abnormal behavior, when observed, and after being investigated further to reveal the facts by verifying your suspicions through necessary questioning, and if there is no valid reason or legitimate explanation offered to explain…

search warrant or have probable cause. However, there are some exceptions to this requirement. Under normal circumstances, a law enforcement officer must first indicate that probable cause exists. Probable cause is defined as but is not limited to, a reasonable belief that a crime has been committed or that somebody has committed a crime. After proving that probable cause exists the law enforcement officer must then wait to receive approval from the judge who then has to assess the existence of…