Assuming the driver is under the influence, is the police's observation of a car leaving a bar and swerving considered reasonable suspicion or probable cause?

1) Reasonable suspicion
2) Probable cause

The police's observation of a car leaving a bar and swerving constitutes reasonable suspicion, a lower standard than probable cause, permitting them to stop and investigate the possibility of a DUI.

Explanation:

The observation of a car leaving a bar and swerving by police is considered reasonable suspicion, not probable cause. Reasonable suspicion is a lower legal standard than probable cause and allows law enforcement to stop and briefly detain or investigate individuals if they believe a crime has been, is being, or is about to be committed. In contrast, probable cause is required for more invasive actions such as arrests or searches and is based on a higher degree of belief that the individual has engaged in criminal activity.

For example, if the police observe a car swerving, despite the potential influence of alcohol after leaving a bar, this behavior justifies a traffic stop based on reasonable suspicion. However, further investigation, such as field sobriety tests, would be required to establish probable cause for arrest or vehicle search regarding driving under the influence (DUI).

Assuming the driver is under the influence, is the police's observation of a car leaving a bar and swerving considered reasonable suspicion or probable cause?1) Reasonable suspicion 2) Probable cause

Answer :

Final answer:

Explanation:

Other Questions

Assuming the driver is under the influence, is the police's observation of a car leaving a bar and swerving considered reasonable suspicion or probable cause?

1) Reasonable suspicion
2) Probable cause