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Thread: Probable cause

  1. #1
    Fusion_3D is offline Junior Member Fusion_3D is on a distinguished road
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    Probable cause

    What constitues as a probable cause to search somebody? Can't you just say that the person looks suspicious?

  2. #2
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    ^^^What switch said...

    And keep in mind the difference between a proper search, and a weapons pat.

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    Terry stop and Terry v. Ohio should tell you the case law behind it.

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    Quote Originally Posted by Fusion_3D
    What constitues as a probable cause to search somebody? Can't you just say that the person looks suspicious?
    Someone looking suspicious isn't grounds necessarily for a search. Reasonable suspicion can give you enough to do an outer garment pat-down. You don't need as much for reasonable suspicion as you do probable cause.

    Now if I'm doin a pat-down and you reak of marijuana, I will have enough probable cause to do a further search.

    It will depend on the circumstances. Your question is a little vague.

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    Nice ;)

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