Question for any Lawyers...is Shelter in Place Legal

[DenverCountryBoy]

1099 self employed

 

[Marble]

27 years experience says you're wrong but for the sake of argument; say you see a car driving down the road. Absent any other wrong doing, how do you have reasonable suspicion that a crime is being committed? According to Terry, it is a consensual contact. During a "consensual" contact, the person stopped has no duty to cooperate.
"Reasonable suspicion " and probable cause are the same thing. Stopping someone just because they might be breaking a law is not reasonable and therefore an illegal stop/ detention. Just because you see someone drive away from a bar is not reasonable susoicion/probable cause for a stop to check for DUI. To make it "reasonable", you need more such as bad driving, vehicle code violation etc.

Reaaonable suspicion and probable cauae are clearly different. There are two very specific definitions for them.

Both give you the ability to stop, but one has more details and facts which gives an officer the ability to detain longer and with more intrusion.

And you don't need a VC violation or bad driving to make a stop. There are lots of other reasons to make stops which are not in and unto themself a violation.

 

[Maverick1]

Is shelter in place legal?

 

[Marble]

I was making my point that reasonable suspicion and probable cause are two different things. Reasonable suspicion applies to DUI stops as well


Examples of Reasonable Suspicion for a DUI Stop

Reasonable suspicion that a motorist is impaired may by established by any of the following observations:

Straddling the center line
Illegal turn
Drifting from one lane to another
Nearly hitting other cars or objects on the roadside
Extremely slow or erratic driving
Frequent braking
Stopping in the middle of the road for no apparent reason

Again, no probable cause yet.


Sent from my iPhone using Tapatalk

Actually you mixed the two. PC would be for the actual violations, where frequent braking and extremely slow driving would be reasonable suspicion. The main differentiation is a citation can be issued during the stops where a violation occurred, but not for poor or odd driving behavior.

And your example of stopping the speeding car was right on.

Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch'";[1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts",[2] and the suspicion must be associated with the specific individual.[3] If police additionally have reasonable suspicion that a person so detained is armed and dangerous, they may "frisk" the person for weapons, but not for contraband like drugs. However, if the police develop probable cause during a weapons frisk (by feeling something that could be a weapon or contraband, for example), they can then search you. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard,[4] in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity; it depends upon the totality of circumstances, and can result from a combination of particular facts, even if each is individually innocuous.

Probable cause...

the Oxford Companion to American Law defines probable cause as "information sufficient to warrant a prudent person's belief that the wanted individual had committed a crime (for an arrest warrant) or that evidence of a crime or contraband would be found in a search (for a search warrant)". "Probable cause" is a stronger standard of evidence than a reasonable suspicion, but weaker than what is required to secure a criminal conviction.