Application of Reasonable Suspicion and Probable Cause in Different Scenarios

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.

Reasonable Suspicion

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.

Reasonable Suspicion

The officer applies reasonable suspicion in this scenario because the alley is a known narcotic area. In addition, the driver's use of course language makes the officer even more suspicious. According to KFFJ Law, officers may use their experience or the situation's circumstances to make a presumption of reasonable suspicion (1). This is precisely what the officer uses in this situation. Last but not least, the sight of a plastic bag with a white powdery substance serves to heighten the already existing suspicion.

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 waist band. The officer arrests the subject for felony possession of a firearm.

Reasonable Suspicion

In this scenario, there is no concrete evidence that a crime has been committed. However, the officer is considerably suspicious because the vehicle is leaving a known narcotics area. The vague answer given forth by the driver also fuels the officer's suspicion. As such, the officer uses both intuition and experience to conduct a pat down.

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 subjects 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.