When Does REASONABLE SUSPICION Turn Into PROBABLE CAUSE?

Question

A couple of weeks ago my sister and I were on our way back into town. It was dark as we passed a cop on the highway. All of a sudden we got flashed almost up on the bridge. My sister pulled over right before the bridge, and a few minutes later the cop came over to my side and asked if we knew why we were being stopped. He said that the brake light was out and the licence plate wasn't visible because something was burnt. He asked to see my sister's driver's license and registration. My sister pulled it out, saying that we were in a rental. He asked questions ... where we were from, what we were doing so far from home, etc. I told him that we were into final exams at the University, and that we were on our way back home. He told my sister that he wasn't giving her a citation, but that we needed to be aware of the problems, and also that the left lane was a passing lane only (whatever that means) ... does that mean that no vehicles whatsoever should be in the left lane?

Anyway, he ran her license number, then asked her to step out of the car. I was like, WHAT THE ... ?! After about a good five minutes he came back to MY side of the car, and started kind of pulling at the door. He asked me to step out, and he asked me again what I'd said we were doing out there away from home? I repeated that we'd just finished finals and spoken with a couple of instructors. He told me that my sister had consented to a search of the vehicle, and asked me if we had anything illegal in the car. I said no. He asked me if it was okay to search the vehicle ... what else COULD I say, if my sister had already consented to the search?! I COULDN'T BELIEVE WHAT WAS HAPPENING!!

VEry unhappy, I stepped away from the car while the cop started searching. I noticed another cop standing by my sister ... and wondered fleetingly how backup had arrived soooo fast!! All KINDS of things were running through my mind ... like, how could we possibly dispute it if these fools decided to plant drugs on us?! It was really ... REALly surreal. After a good search, Cop #1 came back and handed my sister the keys. He asked where we had rented the car from, and asked if they had a warranty on it. He said that he wasn't going to accuse us of doing anything, since it was a rental, but we needed to let the rental place know about the brake light and the burnt license plate whenever we returned the car.

Okaaayyy ... WHAT was he not gonna accuse us of doing?! Like, why would we put a brake light out, and knock out the illumination of the license plate? And what the h*** do drugs have to do with anything?! Oh, yeah! The good part!! He'd also asked my sister if she had any marijuana or anything in the car ... this felt like friggin' COPS, or LAW & ORDER or something!!

And the really, REALLY good part?! My Dad - who is a retired police officer - told me that they can give you a citation for those things ... EVen if the lights JUST burnt out on the road right before we were stopped. In other words, they would have no idea WHEN it happened. Hmmm ... He didn't see, though, why they felt they needed to search the car. My sister wondered what would've happened if she'd told them 'no'. I'm thinking they'd have felt the need to decide that enough probable cause had been raised to hold us there and call for a judge to sign a warrant?

Answer 1

Burned out brake/license plate lights are NOT probable cause to justify a vehicle search. Had your sister refused consent to the search, the police could not have obtained a warrant based on what you told us. They might have held you while the waited for a dog to come and do a walk-around, but that's all.

They could, of course, have ticketed you for the light violations. (The car rental companies usually reimburse a driver for these)

It is ALWAYS a bad idea to consent to a search of a rental car. I once returned a car in Houston, and had a good look around it to make sure I hadn't dropped anything - and I found a box of .38 shells under the passenger seat.

Richard

Answer 2

The reasons you were stopped are valid violations. You should notify the rental company of these issues so you aren't charged for those damages when you return the vehicle.

Additionally, many interstate highways are used to transport narcotics. Many drug runners use rental cars for a number of reasons. They pulled you out of the car individually to cehck your stories. If everything you say is true, your story should match your sisters. Many times two drug runners have different stories, which reinforeces the suspicion that something illegal is a foot. Again, I'm not accusing you, just trying to explain.

If you said, no to a search of the vehicle, then more than likely you would have been free to go. Without probable cause they would have no reason to search the vehicle. However, you and your sister waived that right.

The reason backup arrived so quickly is because he probably radioed for assistance prior to iniating the stop. It sucks that that happened to you. However until your in your late 20's or 30's this will more than likely happen again, it's one of the few drawback of being young.

Answer 3

Reasonable suspicion is all that is needed to stop someone, but it will never turn into probable cause. There must be probable cause to arrest without a warrant, which the US Supreme Court has defined as "Articulated facts, within the officer's knowledge, that would lead a reasonable person to believe that a crime had been committed and that the person in question had just committed a crime."

Once a police officer makes a bona fide stop for a traffic offense he can make an additional arrest for any other offense unexpectedly discovered.

Answer 4

Refusing to submit to a search is not probable cause for a search. If you refuse, they will question you a little further to see if trip up on something and then let you go. Speeding, broken lights, etc. are not probable cause, either.

Police profile potential drug users on bases other than race. College students are prime targets, as are construction workers, people traveling late at night, people who don't look at the cop as they pass by, all kinds of reasons. You fell into a profiled category of potential possessors of drugs when you admitted to being a college student.

Oh, ya, I forgot to mention, NEVER, EVER, EVER consent to a search of any vehicle. If they want to look, let them get a warrant.