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Is it reasonable suspicion or probable cause when a driver gets pulled over for not using a turn signal, and the police officer sees a half-covered pipe and smells weed when they approach the window?

1. Reasonable suspicion
2. Probable cause

Answer :

Final answer:

When a police officer stops a driver for a traffic violation and then sees a half-covered pipe and smells marijuana, this gives them 2) Probable cause, allowing them to legally conduct a search or seize evidence.

Explanation:

When a police officer pulls over a driver for not using a turn signal and subsequently observes a half-covered pipe and smells marijuana, these facts typically establish 2) Probable cause. Initially, the traffic stop was made on a reasonable suspicion that a traffic violation occurred. However, once the officer sees something incriminating in plain view and detects the odor of an illegal substance, this enhances the circumstances to probable cause, which allows the officer to conduct a search or seizure.

According to court precedents, such as Terry v. Ohio (1968), police are granted authority to stop and frisk individuals if they have a reasonable suspicion. Nevertheless, probable cause is a higher standard and empowers law enforcement to take further action when they have sufficient evidence to believe a crime has been committed or evidence of a crime is present.