Reasonable suspicion vs. probable cause: breaking down the difference

Getting pulled over by police can be a stressful experience, but it’s important to recognize what motivates them to stop you. They may have reasonable suspicion that you’ve engaged in criminal activity, but when a police officer finds evidence, they may be able to arrest you on grounds of probable cause.

Yet, what is the difference between reasonable suspicion and probable cause? Here, a Lake Charles criminal defense attorney from The Johnson Firm explains reasonable suspicion vs. probable cause and breaks down the difference between them. 

Reasonable suspicion allows police to stop you and ask questions

Reasonable suspicion is based on observation and is a legal standard that allows law enforcement to stop or pull you over if your behaviors suggest criminal activity. Under Louisiana law, reasonable suspicion requires the officer to observe actions that indicate someone is committing, has committed, or is about to commit a criminal activity. 

Suppose a driver is disobeying the speed limits, weaving across the center line, or giving other indications that something might be wrong. These actions may catch the attention of law enforcement officers and cause them to stop the driver for questioning due to reasonable suspicion of driving under the influence (DUI).

They may question the person and frisk the outer clothing to determine if the individual has any weapons. If they find a weapon, they can hold it until they verify if the person is legally permitted to carry it. However, police are only allowed to detain and question a person for a reasonable amount of time to investigate and issue a citation (if needed).

Probable cause requires concrete evidence of criminal activities

Let’s return to the example of the driver stopped by the police for weaving and under reasonable suspicion of DUI. If the officers observe evidence of criminal activity, such as drugs or weapons in the vehicle, they may then have grounds to search the person and their vehicle. Probable cause requires a higher level of certainty and must be based on specific, articulable facts.

Police may use those facts to detain the driver and then search or arrest them. If the driver refuses to allow a search, officers may still arrest the person and obtain a search warrant for the vehicle. Officers must present their evidence of probable cause to a magistrate within 48 hours of the driver’s arrest without a warrant. If they don’t do so, the driver must be released according to Louisiana CCRP 230.2 if there are no other charges or evidence of criminal activity. 

What is the difference between reasonable suspicion and probable cause?

Now that we’ve examined what reasonable suspicion and probable cause are, let’s discuss the differences that can help your defense if you’re arrested. 

As we mentioned, reasonable suspicion is a legal standard, meaning it cannot be based solely on a hunch or factor other than observable actions. In other words, officers can only use activity that would lead a reasonable person to suspect something is wrong. Probable cause requires specific articulable facts, such as an admission of criminal activity, field sobriety test results, or open alcohol containers within the driver’s reach. 

Your criminal defense attorney will examine all aspects of your arrest and any resulting searches and seizures to verify whether police followed proper procedures. Unfortunately, police are allowed to lie to you during questioning and investigations, meaning they may violate your rights because you are unaware of what they are doing. Your lawyer will request that the court dismiss any improperly obtained confession or other evidence to help your case. 

Defending yourself against questionable law enforcement actions

The criminal justice system is designed to apprehend and incarcerate individuals who pose a danger to others. However, it doesn’t always work perfectly, and many people face unfair charges. Any criminal charges are serious, and you should speak with a qualified defense lawyer to give yourself a better chance of having them reduced or dismissed.

Some common defense techniques your lawyer may use include:

• Examining the evidence against you and determining whether it was legally obtained
• Showing the police coerced a false confession
• Demonstrating reasonable doubt for the officers’ reasonable suspicion or probable cause
• Presenting evidence of your alibi
• Using documentation to establish self-defense or defense of others
• Showing how officers or prosecuting attorneys violated your rights during their arrest and investigation
• Establishing that officers only had reasonable suspicion instead of probable cause when they arrested you

Each case will be unique and require a tailored approach for a strong defense strategy. Whether this is your first arrest or not, your lawyer can explain what to expect and how to prepare for your hearings. Your attorney may also work to negotiate a plea deal to a lesser charge if there is strong evidence against you, or ask them to grant access to a pre-trial diversion program to stay out of jail.

Choose local when you need a powerful legal advocate

Don’t take risks when you’ve been arrested because the consequences can dramatically alter your entire life. It’s also important to select local legal representation when hiring a law firm in Lake Charles. At The Johnson Firm, we stand ready to examine your case and defend your future. Reach out to us today by calling (337) 433-1414 or contact us online.