DenverCountryBoy
WKR
- Joined
- Jun 17, 2017
- Messages
- 1,260
1099 self employed
Reaaonable suspicion and probable cauae are clearly different. There are two very specific definitions for them.27 years experience says you're wrong but for the sake of argument; say you see a car driving down the road. Absent any other wrong doing, how do you have reasonable suspicion that a crime is being committed? According to Terry, it is a consensual contact. During a "consensual" contact, the person stopped has no duty to cooperate.
"Reasonable suspicion " and probable cause are the same thing. Stopping someone just because they might be breaking a law is not reasonable and therefore an illegal stop/ detention. Just because you see someone drive away from a bar is not reasonable susoicion/probable cause for a stop to check for DUI. To make it "reasonable", you need more such as bad driving, vehicle code violation etc.
Actually you mixed the two. PC would be for the actual violations, where frequent braking and extremely slow driving would be reasonable suspicion. The main differentiation is a citation can be issued during the stops where a violation occurred, but not for poor or odd driving behavior.I was making my point that reasonable suspicion and probable cause are two different things. Reasonable suspicion applies to DUI stops as well
Examples of Reasonable Suspicion for a DUI Stop
Reasonable suspicion that a motorist is impaired may by established by any of the following observations:
Straddling the center line
Illegal turn
Drifting from one lane to another
Nearly hitting other cars or objects on the roadside
Extremely slow or erratic driving
Frequent braking
Stopping in the middle of the road for no apparent reason
Again, no probable cause yet.
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