In criminal law, two terms often come up when discussing police stops, searches, and arrests: Reasonable Suspicion vs. Probable Cause. These concepts define what law enforcement can and cannot do when interacting with citizens. Understanding them is essential, especially if you find yourself in a situation where your rights may be at stake.
What is Reasonable Articulable Suspicion?
Reasonable articulable suspicion is the legal standard that allows a police officer to briefly detain someone for investigation. However, an officer must be able to articulate specific reasons—not just a hunch or curiosity—for suspecting that a crime has been, is being, or is about to be committed.
For example, if an officer wants to make a traffic stop, they must have reasonable articulable suspicion that a traffic violation or another crime has occurred. This means they cannot pull you over just because:
- You left a bar at closing time.
- They have a “hunch” that you might be over the legal alcohol limit.
- They saw you make a small movement within your lane without crossing the lines.
However, if you were observed speeding, failing to signal a turn, or running a red light, that would provide the officer with reasonable articulable suspicion to initiate a traffic stop.
Another example involves search warrants. Suppose law enforcement raids a house with a valid warrant, and you happen to be there as a guest. Unless they have reasonable articulable suspicion that you have committed or are committing a crime, you should be free to leave—unless you are specifically named in the search warrant.
In Minnesota, the legal framework for stops and detentions based on reasonable suspicion follows Minnesota Statutes, Chapter 626 (Read More Here).
What is Probable Cause?
While reasonable articulable suspicion allows for brief detentions and investigations, probable cause is a higher legal standard required to make an arrest, obtain a search warrant, or conduct certain searches.
Probable cause means there is a fair probability or more likely than not that a crime has been or is being committed.
Example: A DWI Stop in Minnesota
Let’s say an officer pulls you over for going 33 mph in a 30 mph zone. They now have reasonable articulable suspicionof a minor traffic violation. If, upon stopping you, they notice the following:
- Slurred speech
- Bloodshot or watery eyes
- The smell of alcohol
- Poor performance on field sobriety tests
These factors together could provide probable cause to arrest you for Driving While Impaired (DWI). At this point, the officer may require you to take a breath test, which could lead to an arrest and transport to a police station or hospital for additional testing.
In Minnesota, Reasonable Suspicion vs. Probable Cause is defined under Minnesota Statutes, Section 629.34.
Probable Cause and Search Warrants
Judges also use the probable cause standard when deciding whether to grant a search warrant. Law enforcement must present enough facts to convince a judge that:
- A crime has likely occurred.
- The place they want to search probably contains evidence related to that crime.
If the judge agrees, they issue a search warrant allowing police to enter the location and seize potential evidence. Without probable cause, the search warrant should not be granted.
How Do Attorneys Challenge Unlawful Stops or Arrests?
If you are stopped, detained, or arrested without reasonable suspicion vs. probable cause, your constitutional rights may have been violated. In these cases, an experienced criminal defense lawyer will:
- Examine police reports, body camera footage, and other evidence to determine whether law enforcement had a legal basis for their actions.
- Challenge any unconstitutional stops, searches, or arrests in court. If a judge finds a lack of probable cause or reasonable suspicion, key evidence may be suppressed (excluded), which can lead to the dismissal of charges.
Know Your Rights—And Protect Them
Understanding the difference between reasonable articulable suspicion and probable cause can help you recognize when law enforcement may be overstepping their authority. If you believe you were stopped, searched, or arrested unlawfully, it’s critical to consult a knowledgeable attorney.
Need Legal Help?
If you have questions about your rights or need legal representation related to Reasonable Suspicion vs. Probable Cause, contact Ryan Pacyga Criminal Defense or call 612-339-5844.