Probable Cause Vs Suspicion

Summary

Probable cause requires a reasonable basis supported by factual evidence, while reasonable suspicion is a lower standard based on specific facts suggesting potential criminal activity. In your friends case, the officers observations may be challenged to determine if they were sufficient to escalate from reasonable suspicion to probable cause. To suppress evidence, draft a motion citing the Fourth Amendment and relevant case law, such as Terry v. Ohio. Consider questioning the officers observations, highlighting the lack of concrete evidence, and obtaining witness statements. Legal resources in Roanoke, VA, like the Legal Aid Society of Roanoke Valley, can provide further assistance.

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I need to know if client/attorney privilege is honored here. As in, can any information I give today be used against me in any type of way?
Hi Travis! Conversations here are not protected by attorney-client privilege. However, your privacy is important to us. If you're concerned about confidentiality, you may want to consult directly with a lawyer. If you have specific questions, feel free to ask!
Is your legal issue related to a specific location?
It's for a friend. Let me explain details...
Travis, please go ahead and share the details of your friend's situation. It will help me provide more accurate information and guidance.
This criminal case stems out of Roanoke, VA. The charge was possession of a Schedule */* drug. These events took place December *, *. It was a Friday around *:50pm. I was traveling home when I noticed an unmarked suv with its police lights on. At first I got over in the other lane thinking it wasn't for me, but the officers in the suv insisted so I found an Audi dealership car lot and pulled my vehicle over. Before I could even place the automobile in park, * officers were running towards my car, grabbing me, aggressively removing me from the vehicle, immediately placing me in handcuffs, and questioning me outside of my vehicle, asking me if I just purchased drugs at the store I was just at before I started heading home. I claimed I did not and asked what basis could officers even pull me over without a traffic infraction or crime to base it on. The officer told me that he allegedly witnessed a drug deal between another individual and myself and based his probable cause for the stop on that. I told him that was reasonable suspicion and not probable cause. He said it was and was gonna search me based on that. I told him I refused any illegal searches but he insisted. Again I exclaimed that only a Terry search was allowed and once again he insisted on searching me. He then searched me, the whole time I verbally protested, but to no avail. He then showed me a bag containing what he claimed to be as heroin that he said he found in my right pocket. I denied it to be mine and told him I wanted lawyer at that point. Does this sound like the officer had probable cause, or am I right and it was only reasonable suspicion? Based on the circumstances, do I have any possible defenses or is there anyway to get the evidence suppressed? What case laws, theory's or doctrines would be good to research pertaining to this case? i would like to add a few details to see if they change anything. For one, I was pulled over about *-* miles away from where the detective witnessed this alleged drug deal go down. Further more, the detective told me that the guy who allegedly sold me drugs was a known drug dealer. The detective claimed he saw me wait for * mins until the alleged dealer arrived and made an alleged exchange with me. I had got some food, a drink, and was texting so I wouldn't text and drive while I was at that store those * mins. Right before I left (about a minute before), a friend I recognized gave me dap (an urban handshake) through my car window then went inside the store. I believe this is where the officer seen what looked like a "drug deal" and used this as his probable cause to have me pulled over a few miles down the road once I left. The alleged dealer was not stopped, arrested, or charged with anything related to this event (which doesn't make sense if they claimed he was involved and was the actual dealer and not the buyer). With these added details, does it change the dynamic of my defense for better or worse?
- Probable Cause: The detective's claim of witnessing a drug deal might be considered probable cause, but it can be challenged.
- Search and Seizure: Challenge the legality of the search under the Fourth Amendment.
- Evidence Suppression: Argue the evidence should be suppressed due to an unlawful search.
Research:
- Terry v. Ohio (*)
- U.S. v. Sokolow (*)
- Illinois v. Gates (*)
Do you need information on local legal aid services in Roanoke, VA?
What would constitute probable cause and what would constitute reasonable suspicion? Technically wouldn't the detective only have reasonable suspicion to believe a crime went down but not really probable cause due to his observation in which he articulated a possible drug deal?
Probable cause exists when there is a reasonable basis for believing that a crime may have been committed, supported by factual evidence. Reasonable suspicion is a lower standard, requiring specific and articulable facts that suggest criminal activity may be afoot.
- Probable cause: Factual evidence suggesting a crime.
- Reasonable suspicion: Specific facts suggesting potential criminal activity.
Your friend's situation seems to hinge on whether the officer's observations were enough to escalate from reasonable suspicion to probable cause.
Would you like more information on challenging probable cause in court?
Yes
To challenge probable cause in court, you can focus on:
- Observations: Question the officer’s ability to accurately observe a drug deal from their position.
- Evidence: Highlight the lack of concrete evidence connecting your friend to the alleged drug deal.
- Witness Statements: Obtain statements from any bystanders to counter the officer’s account.
Would you like to know how to file a motion to suppress evidence?
Yes
To file a motion to suppress evidence, your friend should:
- Draft a Motion: Create a written request to the court explaining why the evidence should be excluded.
- Cite Legal Grounds: Reference the Fourth Amendment and relevant case law (e.g., Terry v. Ohio).
- Submit and Schedule: File the motion with the court and request a hearing.
Would you like information on how to draft a motion to suppress evidence?
Yes
To draft a motion to suppress evidence:
- Format: Follow the court's format for legal motions.
- Introduction: State the purpose of the motion.
- Facts: Present the sequence of events factually.
- Argument: Argue why the search was unlawful, citing relevant case law (e.g., Terry v. Ohio, U.S. v. Sokolow).
- Conclusion: Request the court suppress the evidence.
Would you like to know about any specific local legal resources in Roanoke, VA?
Yes

Legal Aid Society of Roanoke Valley


Phone: (*) *-*
Website: www.lasrv.org

Would you like more information on how to approach the hearing for the motion to suppress evidence?