Reasonable Suspicion and Probable Cause

Reasonable Suspicion and Probable Cause
The following records dealing with Reasonable Suspicion and Probable Cause used by LSPD, LSSD, LSEMS & DPS used within ONX's San Andreas.Accurate as of February 18th, 2024
=== ATTORNEY GENERALS OFFICE ===
Date: 02/18/24
==== MEMO: Reasonable Suspicion and Probable Cause ====
This guidance seeks to clarify the foundational principles of Reasonable Suspicion and Probable Cause to aid in the building of criminal cases, to preserve the rights of the citizen, and to extend the careers of law enforcement professionals.
There are many interpretations of these principles which rely upon case laws and rulings that may not be accepted in our State, so each principle has been defined and supported with relevant case laws as established in the Courts of San Andreas.
==== Reasonable Suspicion: ====
An objectively reasonable belief that the suspect has committed, is committing, or will commit a crime, based on specific and articulable facts known to the officer at the time.
==== Example 1: ====
An Officer is alerted to suspicious activity via a dispatch call to a well known drug trafficking location where a suspect is observed. An Officer may elect to engage with the suspect to determine further details or investigate the nature of their presence, but does not have probable cause to arrest (or search) based on a dispatch call alone.
==== Example 2: ====
An Officer is sitting in court listening to the testimony of the defendant’s witness. The witness under questioning changes their answers constantly, recalls facts and circumstances inconsistently, and their verbal testimony conflicts with what the Officer has observed. The Officer has the reasonable suspicion that the witness has committed perjury.Gaspar v. Meijer #4748:Law Enforcement Officers may detain and frisk suspicious individuals on the scene of a crime that is violent in nature without probable cause to effect an arrest. This is providing that the officer has a reasonable suspicion that the individual may be in possession of material evidence that may be extracted from the scene.
==== Probable Cause: ====
The reasonable conclusion that an individual has committed an offense based on the first hand knowledge and experience of an officer, supported by facts and evidence.
==== Example 1: ====
An Officer receives a dispatch call of suspicious activity at a well known drug trafficking area. Upon arrival, an officer witnesses an individual around the area where the activity was reported. The officer observes the suspect making handoffs to various individuals, photographing the activity. The Officer moves to detain the individual, and performs a Moody Frisk. Discovering the presence of drugs, and several denominations of currency, the Officer has established probable cause to arrest for sale of a controlled substance.
==== Example 2: ====
An Officer is sitting in court listening to the testimony of the defendant’s witness. The witness under questioning changes their answers constantly, recalls facts and circumstances inconsistently, and their verbal testimony conflicts with what the Officer has observed. The Officer collects the transcripts from the court hearing, consults the sitting Judge, and attains the suspects phone records where they discover a conspiracy between the witness and the defendant in which the witness agrees to alter their testimony to aid the defendant in court. The Officer has established probable cause to arrest the witness for Perjury.
State v. Moody et al #2213:Where police (1) are directed to a location due to a CAD alert indicating suspicious, an anonymous tip, a 911 call, or other alert which would tend to indicate the sale of drugs based on the training and experience of officers, and; (2) police present evidence in the form of a photograph OR testimony of suspicious handoffs by a citizen observed on location of the first, a police officer may stop a suspect on the street and frisk him or her based upon the reasonable articulable suspicion formed by the combination of the above.
This guidance has been issued to aid officers in their lawful duties. The nature of law, and law enforcement compels us to use our practical knowledge and experience to make accurate and reasonable judgements when applying these principles on a daily basis.
As always, it is recommended that you reach out to a member of the District Attorneys Office, the Judiciary, or PD Command if you have any questions or concerns about the information in this memo.
Sincerely,
Salvatore Greco
Attorney General
Category:DoJ
Category:Government Documents