Section 1 – Probable Cause (Arrestable)
Probable Cause (Arrestable) – Probable cause for an arrestable offense is established when reasonable suspicion, supported by the totality of the circumstances, indicates that a person has attempted or successfully committed an arrestable offense. This includes instances where a confession or insinuation of the fact, knowledge, or idea suggesting that a person attempted or successfully committed an arrestable offense exists, thereby granting probable cause.
Section 2 – Probable Cause (Non-Arrestable)
Probable Cause (Non-Arrestable) – Probable cause for a non-arrestable offense is established when reasonable suspicion, supported by the totality of the circumstances, indicates that a person has attempted or successfully committed a non-arrestable offense (such as while driving). This grants probable cause to stop the individual or their vehicle, including detaining and identifying the occupants. However, probable cause to stop a person for a non-arrestable offense is not the same as probable cause sufficient to search a person or their vehicle's contents and its passengers. Such a search and seizure would require probable cause of an arrestable offense.
Section 3 – Probable Cause and Reasonable Suspicion
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Probable Cause is a stronger legal standard than reasonable suspicion. Probable cause provides the legal foundation for actions such as searches, arrests, and further investigations into individuals suspected of having committed a crime.
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Reasonable Suspicion, on the other hand, is a weaker legal standard and does not afford the same privileges as probable cause. While reasonable suspicion does not allow for searches or arrests, it does provide the basis for actions such as frisking or pat-downs. These actions may result in the discovery of additional facts that develop into probable cause for further investigation. Similarly, probable cause enacted for non-arrestable offenses may lead to the discovery of probable cause for arrestable offenses.
Section 4 – Authority for Further Investigation
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Grant of Authority – Assuming the requirements for probable cause or reasonable suspicion are met, an officer is granted the authority to further institute a more in-depth investigation on the individual(s) initially subjected to suspicion or encounter.
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Illegitimate Probable Cause – Should it be found that an officer instituted or continued an in-depth investigation on an individual without legitimate probable cause as defined by the standards set forth in this document, the officer(s) and/or department (depending on circumstances) may be subject to severe reprimand through the legal systems set in place by the Judicial system.
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Exclusion of Illegitimate Evidence – Any evidence, charges, or information obtained from such an investigation, where probable cause was not legitimately established, shall be disregarded and deemed unusable in a court of law. This is due to the violation of the individual's rights, which renders any subsequent evidence inadmissible under the Fruit of the Poisonous Tree doctrine.