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Probable Cause, Search And Seizure

11 Pages 2671 Words


the whole picture and conclude whether or not correct, probable cause exists. For example, if an officer on patrol hears a radio dispatch that describes a red sedan fleeing the scene of a robbery, the officer does not have probable cause to pull over every red sedan in sight. If the dispatcher tells the officer that the sedan is missing a hub cab, has an orange bumper sticker and is occupied by four people, and the officer spots a car matching those terms, that would be probable cause to effect a stop.
Lacking probable cause does not necessarily leave an officer powerless. Reasonable suspicion is a notch below probable cause, but it does come with its privileges. Reason suspicion is not as stable as probable cause, nor does reasonable suspicion require a strong supportive basis. A simple reasonable belief, based on a general observation or circumstance, and possibly supported by experience, may be enough to investigate further or take minimal action. Having mere suspicion is not of much value. Mere suspicion is a hunch of instinctive feeling...

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