Answer :
For Scenario 1, both reasonable suspicion and probable cause likely apply.
For Scenario 2, probable cause is applicable.
For Scenario 3, both reasonable suspicion and probable cause are relevant.
In Scenario 1, the observation of erratic driving behavior late at night coupled with the smell of alcohol on the driver's breath gives the officer reasonable suspicion to conduct further investigation. However, upon confirming the presence of alcohol through a breathalyzer test, probable cause is established for a DUI arrest. This aligns with legal definitions provided by sources like Cornell Law School's Legal Information Institute, which define probable cause in the context of criminal law.
In Scenario 2, the store owner's observation of suspicious behavior combined with evidence from security footage constitutes probable cause for suspicion of theft. This aligns with guidance from the ACLU, which explains the concept of reasonable suspicion and its implications in encounters with law enforcement.
In Scenario 3, the strong smell of marijuana provides reasonable suspicion for the officer to conduct a search of the vehicle. However, upon discovering a significant quantity of the substance in the trunk, probable cause is established for arrest. This interpretation is supported by resources such as FindLaw, which offer practical insights into the application of probable cause in law enforcement activities.
Complete question:
"Consider the following scenarios and determine whether reasonable suspicion or probable cause applies to each. Justify your determinations using three credible sources.
Scenario 1:
A police officer observes a car swerving erratically between lanes late at night. Upon pulling the car over, the officer notices the smell of alcohol on the driver's breath.
Scenario 2:
A store owner notices a person acting suspiciously, repeatedly glancing around nervously while browsing the aisles. Upon checking security footage, the owner observes the person slipping items into their bag without paying.
Scenario 3:
During a routine traffic stop, an officer notices a strong smell of marijuana emanating from the vehicle, and upon searching the car, finds a significant quantity of the substance hidden in the trunk."
