Reasonable Suspicion and Probable Cause

One of the most important legal questions about a criminal case is whether the officer made legal contact with you. There are two standards to be reviewed, depending on the circumstances that are being challenged.

Reasonable suspicion is when officers have a factually based suspicion that a person may be committing an offense. This reasonable suspicion cannot be based on a hunch alone and is usually taken together with a number of other factors. For example, if an officer sees someone staggering after leaving a bar and walking to their car. They may come to a screeching stop at a stop sign or chirp their tires pulling away, all while weaving within their own lane. These examples may give a police officer reasonable suspicion to make a traffic stop, though not enough to arrest.

Probable cause is a significant part of the arrest process. It is a term police officers rely on to support their reasons for arresting a suspected criminal or obtaining evidence pertaining to a suspected crime. Probable cause is defined as sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a police officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. Having probable cause is what motivates a police officer to make an arrest or carry out a search. While it does not mean there must be outright certainty, there must be ways to substantiate probable cause.

Probable cause is vital in many circumstances such as:

Obtaining an arrest warrant - If a police officer wishes to arrest someone for allegedly committing a crime, they must be able to provide enough evidence that there is probable cause for doing so. This then goes through a process to see if the warrant will be granted. 

Arresting without a warrant - Many times police officers must make quick decisions and can detain individuals suspected of committing a felony without first obtaining an arrest warrant, providing they have probable cause. It is up to the arresting officer to demonstrate why obtaining an arrest warrant before the arrest was not possible.

Searching without a warrant

Searching without a warrant - There are occasions where a police officer can search and seize without obtaining a search warrant first. Automobile searches can take place if there is a probable cause that the vehicle contains evidence of a crime that could quickly be moved or destroyed. Similarly, if the evidence is in “plain view” or the police officer believes that the evidence may be removed or destroyed before they can obtain a search warrant, they can claim probable cause to search and seize without one.

Why is probable cause so important? 

If a person is arrested for an alleged crime without probable cause, the prosecution has an ethical obligation to dismiss the case. The same is true if evidence is obtained or an automobile search carried out without probable cause. If you do challenge and fight the stop as being illegal, a jury will not decide the outcome. This is because under Wisconsin law a jury is a “trier of fact,” and they do not determine the law. Instead, the issue of your stop will be decided by a judge prior to a jury trial.

Understanding the basics of probable cause is vital, and having an experienced defense attorney to help defend your case is crucial. Call the professional attorneys at Cohen Law Offices at (715) 514-5051 for a free consultation.