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Old 06-02-2011, 09:14 AM
 
19,178 posts, read 19,046,805 times
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Quote:
Originally Posted by bangorme View Post
I don't believe that the educated guess resulting from tapping one's brakes amounts to probable cause, but even if it does, there is the tiny matter of the requirements for a WARRANT, and a CRIME.
Driving is a privilege, not a right. You do not have the same expectation of privacy in your car that you do in your home. Probable cause is required to make an arrest or obtain a warrant, Reasonable suspicion will be enough to justify many other actions.
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Old 06-02-2011, 01:37 PM
 
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Reasonable suspicion based on articulable facts. You just can't stop people and search them because you think they are suspicious. You have to show what was suspicious and what crime did you think they are or have committed supported by articulable facts.

Quote:
Originally Posted by saganista View Post
Driving is a privilege, not a right. You do not have the same expectation of privacy in your car that you do in your home. Probable cause is required to make an arrest or obtain a warrant, Reasonable suspicion will be enough to justify many other actions.
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Old 06-02-2011, 02:40 PM
 
19,178 posts, read 19,046,805 times
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Originally Posted by civic89 View Post
Reasonable suspicion based on articulable facts...
And on rational inferences. Without those two key ingredients, you don't have reasonable suspicion to begin with. You have a hunch, and you can't take any action at all based on a hunch. Reasonable suspicion is grounds for a variety of actions beyond those that require probable cause.
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