Reasonable Articulable Suspicion vs Probable Cause in Maine

By John Scott Webb, a Southern Maine Criminal Defense Lawyer in Saco and Portland, and an Expert in Illegal Stops and Searches.

The key differences between reasonable articulable suspicion (RAS) and probable cause (PC) in Maine are:

Reasonable Articulable Suspicion (RAS) If you are cruising down the road in Southern Maine and you commit a traffic violation like running a red light, a Southern Maine police officer has the legal right to briefly stop and detain you. The officer can also pull you over if you are driving recklessly, for example weaving between lanes, or going 20 miles over the posted speed limit. The officer must articulate specific facts that led to their suspicion. Common factors that can establish RAS include the police officer observing traffic violations, erratic driving, or other suspicious behavior.

Probable Cause (PC) is a level of proof that would lead a reasonable person to believe a crime has likely been committed. PC is required before an officer can make an arrest or conduct a search. Probable cause is the higher standard required for arrests and searches.

A brief investigative detention by law enforcement requires less evidence than probable cause because PC is a higher standard of proof than reasonable articulable suspicion. The key distinction is that RAS allows for a brief investigative stop, while PC is needed for more intrusive actions like arrests and vehicle searches.

However, an officer’s observations during an RAS stop may escalate to PC, allowing for an arrest. Factors that initially established RAS may develop into probable cause during an investigation by a Saco, Maine police officer.

OUI-Related Probable Cause and Articulable Suspicion

In a typical OUI (Operating Under the Influence) case in Maine, an officer needs RAS to initially pull over a vehicle, such as observing reckless driving. During the stop, if the officer develops PC that the driver is impaired (through observations, field sobriety tests, etc.), they can then make an arrest.

In Maine, several specific behaviors can lead to reasonable articulable suspicion for a police officer to initiate a traffic stop or brief investigative detention. These behaviors include:

Traffic Violations: Any observed traffic or safety violation can provide RAS for a stop. This may include:

• Speeding
• Running a red light or stop sign
• Failing to use turn signals
• Driving with a broken taillight or headlight

Erratic Driving: Behaviors that suggest impaired driving can establish RAS, such as:

• Swerving across lanes
• Driving well under the speed limit without an apparent reason
• Straddling the center line or fog line (Note: A single, brief straddling of the center line is not sufficient for RAS)

Vehicle-Related Issues: Unusual or recent damage to a car’s exterior, for example:

• Driving without visible license plates
• Operating a vehicle with significant visible damage

Suspicious Behavior: Observing anything odd about the driver’s actions, including:

• A driver examining damage to their vehicle in a manner consistent with a recent accident
• Behavior that matches details provided in a credible tip, even if anonymous.

Time and Location: While not sufficient on their own, these factors can contribute to RAS when combined with other observations:

• Driving at unusual hours (e.g., 3 a.m.) in conjunction with other suspicious behavior
• Being in an area known for criminal activity, coupled with other suspicious actions
• Matching the description of a suspect
• Furtive movements or attempts to flee

Probable cause requires more concrete evidence than RAS, such as:

• Direct observation of illegal activity
• Physical evidence of a crime
• Credible eyewitness statements
• Failed field sobriety tests

It is important to note that RAS requires more than mere speculation or an unsubstantiated hunch. The officer must be able to articulate specific facts that led to their suspicion. Additionally, while a single factor might not be enough to establish RAS, a combination of factors can often meet the threshold.

In the context of OUI (Operating Under the Influence) stops, signs of intoxication such as slurred speech when responding to an officer’s questions can contribute to RAS for further investigation, including field sobriety tests.

Remember that RAS is a lower standard than probable cause. It allows for a brief investigative stop, but more evidence is typically needed to escalate to an arrest or search.

Understanding Reasonable Articulable Suspicion vs. Probable Cause in Maine

As one of Maine’s top criminal defense lawyers, John Webb has successfully defended numerous clients by challenging the legality of police stops and searches. A key aspect of these cases often hinges on the distinction between reasonable articulable suspicion (RAS) and probable cause (PC). Understanding these concepts is crucial for anyone facing criminal charges in Maine.

The Importance of Challenging RAS and PC

As a veteran criminal defense attorney, John Webb knows that challenging the basis for RAS or PC can be a powerful defense strategy. If a court finds that an officer lacked RAS for a stop or PC for an arrest, any evidence obtained as a result may be suppressed, potentially leading to dismissed charges.

How RAS and PC Affect OUI Cases in Maine

In Operating Under the Influence (OUI) cases, the distinction between RAS and PC is particularly crucial. For example:

An officer needs RAS to initiate a traffic stop (e.g., observing a vehicle swerving)