View Single Post
Old 10-01-2012, 05:52   #49
Bruce M
Senior Member
 
Bruce M's Avatar
 
Join Date: Jan 2010
Location: S FL
Posts: 23,201
Quote:
Originally Posted by CA Escapee View Post
I agree. I thought the officer's probable cause was shakey in the first place. The officer really made the stop based on what another (phantom) motorist said, but he didn't observe the alleged violation?

Bill

Probable cause is the level of "proof" that is necessary for a custody arrest. Reasonable suspicion is generally closer to the level that needs to be articulated for the police to stop and make an inquiry. Several have already suggested that a complaint of bad driving may reasonably justify an investigative stop. My guess is that the nature of the complaint may help or hurt that justification. A simple complaint of a motorcycle speeding might be insufficient; however a complaint of a motorcycle speeding on a specific roadway in a specific direction along with a description of the bike and rider along with an estimated speed is probably adequate to justify some investigation, especially if the driving approaches a level that might be criminal or could be suspicious beyond a simple traffic violation.
__________________
Bruce
I never talked to anyone who had to fire their gun who said "I wished I had the smaller gun and fewer rounds with me" Just because you find a hundred people who agree with you on the internet does not mean you're right.

Last edited by Bruce M; 10-01-2012 at 06:04..
Bruce M is offline   Reply With Quote