Probable Cause Question

[ethomas]

If a police officer has no evidence, but a suspect is a teenager, can an officer search a suspect's car legally (given that the suspect has already denied the officer permission to search the car, and given that there is no warrant out for the suspect)?

Basically, can the officer establish probable cause simply upon the basis that teenagers are more likely to have illegal substances than the general population?

[Kimble]

If a police officer has no evidence, but a suspect is a teenager, can an officer search a suspect's car legally (given that the suspect has already denied the officer permission to search the car, and given that there is no warrant out for the suspect)?

Basically, can the officer establish probable cause simply upon the basis that teenagers are more likely to have illegal substances than the general population?

Probable cause is based on evidence (something you see, hear, smell, etc.). There's no such thing as a "hunch" (ex: "This kid must have drugs because he looks like one of those teenagers, and is driving a Fast and the Furious sports car") being probable cause, not even REASONABLE suspicion.

Also, what stats are you viewing that says teenagers are more likely to have drugs than adults? I've met more adult crackheads than I have teenagers when working in several ghettos. Usually teenagers start with "gateway drugs" before graduating to the ones adult abusers get hooked on. By that logic, you could say police should search any car in the ghetto, which is not only unconstitutional, but violates the legitimate rights of a whole lot of good people in the ghetto who simply live with a whole lot less material goods than other communities.

[Citicop]

If a police officer has no evidence, but a suspect is a teenager, can an officer search a suspect's car legally (given that the suspect has already denied the officer permission to search the car, and given that there is no warrant out for the suspect)?

Basically, can the officer establish probable cause simply upon the basis that teenagers are more likely to have illegal substances than the general population?

The age of the driver alone will not establish Probable Cause.

A working definition of Probable Cause is:

"A reasonable belief, supported by articulable facts and circumstances that a specific person committed a specific crime" OR

"A reasonable belief, supported by articulable facts and circumstances, that an area contains contraband or evidence of a crime."

If you want to put numbers on it, probable cause means that the suspect more likely than not committed the crime or the area is more likely than not to have evidence or contraband.

51%= Probable Cause.

Age alone is not enough.

-Citicop.

[Switchback]

Why are teenagers more likely to have illegal substances? that is one of the more sillier things I have heard. If that were the case, I would be wasting my time arresting all these adults on drug charges, yet dealing with surprisingly few juveniles.

...and the simple answer to the question (stated the way you put it), is no. However, PC is a far too complicated subject to cover on here (especially, the way I type). A good LEO is often able to establish PC with the muscle simple, subtle of things. Experience goes a long way in this arena.

[acreature]

A good LEO is often able to establish PC with the muscle simple, subtle of things. Experience goes a long way in this arena.

I can get PC with a wink and a bit of flatulence.

Yes, I am that talented.

[Joeyd6]

Sounds like a question or talking point of some liberal arts teacher teaching criminal justice/law. This would not be homework would it?

[RBC]

That sounds like recipe for disaster and would be a great lawsuit in NYC...

[txinvestigator1]

I believe Terry and Carroll established that probable cause for contraband or a crime is not needed for some vehicle searches.

[acreature]

Wallah

[kels]

So, what did you get caught with?

Enquiring minds want to know....

[acreature]

Poor guy has a pattern of bad luck with the Po-Po

[deputywave]

If a police officer has no evidence, but a suspect is a teenager, can an officer search a suspect's car legally (given that the suspect has already denied the officer permission to search the car, and given that there is no warrant out for the suspect)?

Basically, can the officer establish probable cause simply upon the basis that teenagers are more likely to have illegal substances than the general population?

You should run right out and get a lawyer. Also, be thinking of a new name for the PD you are going to own.

[FBINA188]

Sounds like a question or talking point of some liberal arts teacher teaching criminal justice/law. This would not be homework would it?

That would be my question or the OP is getting himself in a lot of situations at an early age:

Probable Cause?

Questions for LEOs/ Is this legal?

Questions for LEOs