Traffic stops are one of the most common ways people encounter law enforcement in Ohio. While many are legitimate, others may violate your constitutional rights if the officer lacked a valid reason for stopping you. This is referred to as “reasonable suspicion.”
What counts as reasonable suspicion under Ohio law isn’t always obvious, however, so it’s worth learning about what exactly this legal principle means. In some cases, a criminal defense attorney can use it to help advocate for the prosecutor to reduce or drop your charges altogether.
In short, understanding the difference between reasonable suspicion and probable cause is essential for knowing the legal justification behind a traffic stop and when your rights may have been violated.
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What Is Reasonable Suspicion?
Under both Ohio law and the Fourth Amendment of the U.S. Constitution, police officers must have a lawful basis to stop someone. In other words, officers must have a reasonable suspicion.
This means the officer must have specific, articulable facts that suggest a person has committed, is committing, or is about to commit an offense.
Officers may have reasonable suspicion to conduct a traffic stop if they observe:
- Speeding
- Reckless driving
- Running a red light
- A broken taillight
- Expired registration
- Swerving between lanes
On the other hand, pulling someone over based solely on their appearance or the type of car they drive would violate both state and federal law.
How Courts Evaluate Reasonable Suspicion
Courts in Ohio review each traffic stop based on the “totality of the circumstances.” This means a judge will consider all the facts available to the officer at the time of the stop to determine whether the suspicion was objectively reasonable.
Key court decisions, such as Terry v. Ohio, established that brief investigative stops (also called Terry stops) are lawful only if officers can clearly state the reason for the stop. The Ohio Supreme Court has repeatedly upheld this standard.
For instance, wandering over the white line once may not be enough to justify a stop on its own. However, if the driver is also braking erratically or the vehicle has a violation, an officer could argue that those combined factors rose to the level of reasonable suspicion.
When a Stop Becomes Illegal
If the officer did not have specific and articulable facts supporting the stop, it may be ruled unconstitutional. Any evidence gathered afterward could be suppressed under the exclusionary rule.
Examples of illegal stops include:
- An officer pulls over a driver based on a hunch
- A stop based solely on the driver leaving a bar or nightclub
- A stop is prolonged beyond what’s necessary without any new justification
- Generalized concern about crime in the vicinity
If the stop was illegal, the prosecution may not be able to use the evidence against you, which could potentially lead to a reduction (or even an outright dismissal) of your charges.
What the Police Can and Cannot Do During a Stop
Once you’ve been stopped, law enforcement officers may take certain lawful actions. However, there are still limits they must adhere to.
Police can:
- Ask for your driver’s license, registration, and proof of insurance
- Run your information through their database
- Issue a citation for a traffic violation
Police cannot:
- Search your vehicle without probable cause, your consent, or a warrant
- Detain you longer than necessary for the purpose of the stop
- Force you to answer questions unrelated to the traffic violation
If an officer believes there is probable cause of another crime, such as possession of drugs, they can expand the scope of the stop. That said, they must still follow constitutional procedures and justify their actions in court.
Reasonable Suspicion vs. Probable Cause
Although the two terms are often used together, reasonable suspicion and probable cause are different standards.
Reasonable suspicion allows an officer to briefly detain a person to investigate potential wrongdoing. Probable cause is a higher standard required to make an arrest, conduct a vehicle search, or obtain a warrant.
For example, if an officer smells marijuana during a traffic stop, that could rise to probable cause for a search. Without that level of evidence, prolonged detention of the driver or a search of the vehicle would likely violate their rights.
Schedule a Free Case Review WIth an Experienced Cincinnati Criminal Defense Lawyer From Suhre & Associates DUI and Criminal Defense Lawyers Today
If you were pulled over and believe the officer lacked reasonable suspicion, you may have a valid defense. Unlawful traffic stops happen more often than most people realize, making it critical to have a firm grasp on what your rights are. Suhre & Associates DUI and Criminal Defense Lawyers can help you understand your legal rights and options.
An experienced Cincinnati criminal defense attorney can evaluate the facts and circumstances of your case and work to have any illegally obtained evidence excluded from court, if necessary. Protect your rights and your future by getting the legal help you need. Contact us at (513) 333-0014 for a free case review.
