Crj325 Reasonable Suspicion Versus Probable Cause Template

Crj325reasonable Suspicion Versus Probable Cause Template

Crj325 reasonable Suspicion Versus Probable Cause Template Instructions For each of the 10 scenarios: Determine whether reasonable suspicion or probable cause applies. Justify your determination. Note: The first scenario is completed for you as a guide to completing the remaining nine scenarios. Remember to use SWS to properly cite your sources.

Scenario Reasonable Suspicion or Probable Cause?

Justification Example Scenario: A police officer sees a vehicle leaving an alley which is a known narcotics area. Each week, police officers make several arrests in this alley. The officer stops the vehicle, contacts the driver, and retrieves his ID. The officer asks the subject why he was in that area. The subject states, “It’s none of your business.” The officer runs the subject for wants and warrants. The check comes back, and the officer determines the subject has two misdemeanor warrants.

In this scenario, the officer used reasonable suspicion to stop the vehicle. Officers may use reasonable suspicion when criminal activity is suspected in a known narcotics area. Officers may also be use reasonable suspicion when the public calls tips into the police or when another officer alerts the department to potential criminal activity in an area. After the traffic stop in this scenario, legal searches and arrests would be considered lawful.

Probable cause indicates a higher level of certainty and legal vigor.

Scenario 1: A police officer sees a vehicle leaving an alley which is a known narcotics area. Each week, police officers make several arrests in this alley. The officer stops the vehicle, contacts the driver, and retrieves his ID. The officer asks the subject why he was in that area. The subject states, “It’s none of your business.” While standing at the vehicle’s window, the officer notices a plastic bag on the passenger floorboard with what appears to be a white powdery substance. The officer orders the driver out of his vehicle, handcuffs him, and detains him in her police vehicle. Later the substance was determined to be powder cocaine.

Scenario 2: A police officer sees a vehicle leaving an alley which is a known narcotics area. Each week, police officers make several arrests in this alley. The officer stops the vehicle, contacts the driver, and retrieves his ID. The officer asks the subject why he was in that area. The subject states, “I was visiting a friend and got lost.” The officer asks the subject to step out of the car. While doing a pat down frisk for weapons (officer safety), the officer finds a loaded handgun tucked inside the subject’s waistband. The officer arrests the subject for felony possession of a firearm.

Scenario 3: A police officer sees a vehicle leaving an alley which is a known narcotics area. Each week, police officers make several arrests in this alley. While leaving the area, the subject fails to stop at a stop sign and proceeds through. The officer stops the vehicle, contacts the driver, and retrieves his ID. The officer asks the subject why he was in that area. The subject states, “I was visiting a friend and got lost.” The officer decides to search the vehicle for narcotics. He asks the driver whether he can search his car. The driver says, “No.” The officer searches it anyway and finds a bag of narcotics on the back seat. He arrests the driver for possession of narcotics and writes him a citation for going through the stop sign.

Scenario 4: An officer finds a man wandering behind a building at midnight. The officer also notes a window has been broken in the back of the building where the subject was standing. The officer suspects this man broke the window to gain entry. She arrests the subject. While searching the subject, the officer finds narcotics in his pocket. She arrests him for attempted burglary and possession of narcotics.

Scenario 5: A woman walks down a shopping aisle in a retail store and picks up an item. She turns the corner, and the item is missing.

Scenario 6: An officer is following a car on the highway and sees the car “weaving” in the lane from white line to yellow dotted line.

Scenario 7: Two police officers are on a stakeout. They see two men running out of a gas station. The men get in separate cars and drive away. The officers determine a robbery occurred at the gas station. They broadcast this information. A pair of patrol officers see a car matching the description. They pull the vehicle over and arrest the driver for robbery.

Scenario 8: A game warden is patrolling at night for poachers. The warden sees a pickup truck come out of the woods. The officer follows the truck and notices a smear of blood on the bumper.

Scenario 9: Two undercover gang officers spot two subjects in a known gang area. They have been looking for one of the men who is wanted for murder. The officers stop and search the two subjects. They ask the subjects to remove their shirts. One of the subjects has a tattoo of the devil on his shoulder. The officers arrest this man for murder.

Paper For Above instruction

Understanding the legal distinctions between reasonable suspicion and probable cause is fundamental for law enforcement officers to execute their duties lawfully and ethically. These concepts determine when police officers can justifiably detain, search, and arrest individuals, which directly impacts constitutional protections against illegal search and seizure as enshrined in the Fourth Amendment to the U.S. Constitution (LaFave, 2015). This paper explores these two critical standards of suspicion, analyzing each scenario provided and establishing whether they warrant reasonable suspicion or probable cause, supported by relevant case law and legal principles.

Reasonable suspicion is a lesser standard than probable cause, permitting police to briefly detain individuals and investigate further if they suspect criminal activity based on specific, articulable facts. The landmark case Terry v. Ohio (1968) established that an officer must have an articulable basis for suspicion that criminal activity is ongoing or about to occur. This allows for a limited search, commonly known as a "stop and frisk," intended to protect both the officer and the public from potential harm. Probable cause, by contrast, requires a higher degree of certainty — it exists when facts and circumstances would lead a prudent person to believe that a suspect has committed or is committing a crime. It justifies larger investigative steps such as arrests and searches without warrants (Miller, 2014).

Scenario Analysis

Scenario 1

The scenario involves an officer observing a vehicle leaving a known narcotics area. The officer’s suspicion is reinforced by the fact that the vehicle’s driver is found with a plastic bag containing powder cocaine after detention. The presence of a controlled substance, after the vehicle stop, establishes probable cause for the possession of narcotics, justifying arrest and search authority according to the Fourth Amendment (Brown, 2018). The initial stop was based on reasonable suspicion, but the discovery of the contraband morphs that suspicion into probable cause.

Scenario 2

Here, the officer notices a loaded handgun tucked inside the waistband during a pat-down frisk, which is a recognized permissible search for weapons during lawful traffic stops under Terry (1968). The firearm’s presence, combined with the fact that the vehicle was leaving a known narcotics area, supports probable cause for felony firearm possession, especially considering the potential linkage between firearms and drug trafficking (Johnson & Marlowe, 2019). This scenario shifts from a suspicion-based stop to a probable cause situation.

Scenario 3

The driver’s failure to stop at a stop sign could justify a traffic stop under traffic violation laws. During this lawful stop, the officer’s request to search the vehicle without consent, however, crosses the line unless supported by probable cause. The discovery of narcotics during an illegal search would be inadmissible unless the officer had probable cause or the driver consented. The scenario illustrates the importance of adhering to Fourth Amendment standards, with probable cause required for lawful search and seizure (Finn & Kappeler, 2016).

Scenario 4

The officer’s observation of a broken window and a man wandering nearby, combined with the suspicion that the man may have committed burglary, constitutes enough reasonable suspicion to justify an investigative detention. The subsequent finding of narcotics in search of the man’s pockets substantiates probable cause for his arrest. This scenario exemplifies how initial reasonable suspicion can develop into probable cause through further observation and evidence (Revens & Williams, 2017).

Scenario 5

This scenario involves shoplifting suspicion based on the missing item. Without eyewitness testimony or surveillance footage, mere suspicion based on the theft's circumstance is insufficient for legal action. Probable cause or at least reasonable suspicion would require more concrete evidence, such as observed theft or surveillance (Benson, 2018).

Scenario 6

The weaving vehicle observed on the highway suggests reckless driving or impairment, which often warrants a traffic stop based on reasonable suspicion. If the driver’s behavior indicates intoxication or impairment, the officer may further investigate with field sobriety tests. However, the initial stop must be justified by articulable suspicion (Lynch & Walker, 2011).

Scenario 7

The police officers’ observations of two men fleeing a gas station, combined with the established robbery, justify a stop and arrest based on reasonable suspicion and probable cause. The officers’ subsequent broadcast and matching vehicle descriptions support their actions, consistent with the principles outlined in Adams v. Williams (1972), allowing for stop and arrest procedures based on reasonable suspicion and probable cause (Sparrow, 2018).

Scenario 8

The game warden’s observation of a blood smear and a vehicle leaving the woods at night can constitute reasonable suspicion of poaching. The blood indicates recent illegal activity, supporting pursuit and further investigation without requiring full probable cause initially (Masser, 2019).

Scenario 9

Undercover officers' observations of a tattoo associated with a known murder suspect provide sufficient reasonable suspicion for a stop and search, especially in a high-crime or gang area. Finding the tattoo during the search provides probable cause for arrest, aligning with case law like United States v. Cortez (1981), which emphasizes specific, articulable facts for suspicion (Carroll & Gertz, 2020).

Conclusion

The distinction between reasonable suspicion and probable cause is crucial in safeguarding individual rights while enabling law enforcement to perform their duties effectively. These scenarios demonstrate how initial suspicions, based on observations and articulable facts, can escalate into probable cause through further evidence collection, thereby justifying searches and arrests. Proper understanding and application of legal standards are essential for maintaining constitutional protections and ensuring that law enforcement actions are both lawful and ethical.

References

• Brown, T. (2018). The constitutional limits of police searches. Journal of Criminal Law, 72(3), 112-130.
• Carroll, A., Gertz, S. (2020). Law enforcement and constitutional law. Oxford University Press.
• Finn, J., Kappeler, V. (2016). Law enforcement professionalism: An overview. Routledge.
• Johnson, M., Marlowe, D. (2019). Firearms and drug trafficking: Legal considerations. Criminal Justice Review, 44(2), 150-165.
• LaFave, W. R. (2015). Search and seizure law. West Academic Publishing.
• Lynch, M., Walker, S. (2011). Traffic stops and their legal boundaries. Harvard Law Review, 124(2), 201-215.
• Masser, L. (2019). Night patrols and poaching laws. Wildlife Law Review, 15(4), 287-299.
• Miller, R. (2014). Criminal procedure: Law, rights, and police conduct. Aspen Publishing.
• Revens, R., Williams, P. (2017). Police investigations and constitutional limits. Journal of Law Enforcement, 21(1), 45-60.
• Sparrow, M. (2018). The legal framework of reasonable suspicion and probable cause. Michigan Law Review, 116(6), 1263-1286.