Reasonable Suspicion

Reasonable suspicion is a concept that police use to justify their attempt to pursue criminals. Reasonable suspicion gives police the right to pursue criminals if the is a credible reason to believe that their efforts will uncover anything related to a crime. When invoked, police have to be able to back up their actions with detailed facts or conclusions that any reasonable officer would consider credible.

Take a brawl at a bar for an example. An officer arrives at the scene of a fight and there are two people that look like they were involved. The officer can detain both of them on the spot since a reasonable officer could determine who was in the fight immediately based on visible evidence. In this case, the officer has reasonable suspicion that these two people were in a fight and can back up that suspicion by clear and reasonable evidence. While this is a starting point for further action, the officer must still collect evidence to make an arrest and file charges.

Probable Cause

Probable cause works in the same way that reasonable suspicion does. Officers must have a credible reason to think that their actions will uncover a crime, and this credible reason must be based on verifiable evidence. It limits the ability of police to act against civilians unless there is a strong to think that a crime has been committed or is being committed at the time. Officers must have probable cause to arrest or take any other action that will lead to criminal charges being filed.

The Key Difference: Levels of Severity

The main difference between probable cause and reasonable suspicion is the level of severity between the two. Reasonable suspicion is the less severe standard and has a lower burden of proof to be used. However, reasonable suspicion, at best, can lead to detaining suspects. It is not a strong enough standard to pursue criminal charges. For the more severe actions like making an arrest or searching someone’s property, officers need probable cause which is based on hard evidence. In short, reasonable suspicion is the less severe standard and probable cause is the more severe standard.

Why They Matter

Reasonable suspicion and probable cause matter because they offer basic protections for civilians. They set standards that police have to meet before they can take action against you. In the case of reasonable suspicion, the standard is relatively low but provides a basic level of protection against an officer doing anything at any time. Probable cause offers a much higher level of protection and is backed by the Fourth Amendment of the U.S. Constitution. It ensures that police must secure warrants for searches and have clearly defined reasons before arresting someone.

When the police invoke reasonable suspicion or probable cause, that means that there has likely been a crime committed. If you are involved in those situations, it is important to know your rights. Police often place a lot of effort into making sure that they are right before taking action, but there are times when their actions or assumptions are incorrect. In those instances, you may want to seek legal help from a qualified attorney.

With 6 years of experience as a Harris County prosecutor and 11 years of experience representing clients in a variety of family, domestic, and criminal cases, past president of the Montgomery County Criminal Defense Lawyers Association, Andrea Kolski, has the background you need to win your case. For more information or to schedule a consultation, call Nonstop Justice today at 832-381-3430.

Probable Cause for Arrest

In Texas, a member of law enforcement can detain an individual based only on reasonable suspicion, which is a lower standard than probable cause, and loosely means that the officer suspects the individual committed or was about to commit a crime. This allows the officer to briefly interview the suspect and determine whether there is probable cause for arrest.

Regardless of the officer’s suspicions, the circumstances and facts that are gathered during the brief detention must support the standard of probable cause before the officer can proceed. No matter what he or she believes to have happened, no arrest can legally occur without probable cause.

Probable Cause for Search

To search a residence, law enforcement officers must have justification. These circumstances are considered justification in Texas:

1. Consent for a search is given by the owner or resident
2. The search is incident to a lawful arrest
3. The search is prompted by a life-threatening emergency
4. A valid search warrant has been obtained

A search warrant will not be issued without probable cause. The officer must have reason to believe that a specific individual committed a crime at the specific search location and that evidence of the crime exists in that location. Note that regardless of which justification exists, any evidence of a crime that is found during a lawful search may be seized.

Failure to Show Probable Cause

If an officer performs a search or an arrest, but cannot show probable cause, the court may dismiss evidence or refuse to file criminal charges. Likewise, a prosecutor cannot file charges without demonstrating probable cause.

Legal Standard

There is no statute that specifically defines probable cause in Texas. Consequently, the standard is abstract and largely up to the interpretation of the court. Regardless, there must be circumstances or facts that would lead a “reasonable individual” to believe that a crime was or is about to be committed. Probable cause falls between reasonable suspicion and reasonable doubt, must be more than a simple hunch, and must be documentable.

Probable Cause for Vehicle Searches

Your vehicle can be searched without a warrant if probable cause exists, or if you consent to the search. The best example of this is the smell of marijuana. The smell of marijuana allows a police officer to search your vehicle anywhere marijuana can be found. Law enforcement officers are allowed to intimidate you or trick you into giving consent, and they are not required to inform you that you have the legal right to refuse. If you are pulled over and the officer asks to search your vehicle, clearly state that you do not consent to this or any search. If the officer searches your car anyway, you will need a criminal defense lawyer to file a motion to suppress the evidence or argue and fight for your right as an accused person to be free from unlawful search and siezures. If the judge agrees that the officer violated your right to refuse and did not establish probable cause, the motion will be granted, and it is likely that any charges against you will be dismissed.

Note that probable cause is ultimately determined by the courts, not law enforcement. An arresting officer may genuinely believe that he or she has probable cause, but the court may disagree. In addition, you do not have to be found guilty for probable cause to apply. Even if you did nothing wrong, the court may determine that probable cause existed for your search or arrest at the time it occurred.

Probable cause is complex and somewhat opaque. Therefore, it is always best to seek advice from a skilled criminal defense attorney who can file the appropriate motions and ensure that your rights are protected.

Ready to Get Started?

If you are involved in a criminal or family case, past president of the Montgomery County Bar Association, Andrea Kolski, has the background you need to win. For more information or to schedule a consultation, contact Nonstop Justice today at 832-381-3430.