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Old 10-01-2012, 06:18   #50
CA Escapee
Join Date: Feb 2012
Posts: 329
Originally Posted by Bruce M View Post
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.

That is true. I was thinking about cases where a person was stopped without strict probable cause (pc) and arrested on one or more charges. In the case I'm thinking about it was shown that the officer's pc was defective and the charges were dismissed.

I do see your point for justification in making the stop, though.


Last edited by CA Escapee; 10-01-2012 at 06:19..
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