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Originally Posted by zxcvbob
Reasonable articulable suspicion of a crime is an awfully low bar, and can easily be manufactured after-the-fact if necessary. "I smelled marahuana smoke coming from the vehicle" (as the officer passes by going 70 mph the other direction), etc.
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But ... Reasonable suspicion based on clearly articulable facts (it is NOT "reasonable articulable suspicion" -- it is the underlying facts the officer must be able to clearly articulate, not the suspicion) is not probable cause. Reasonable suspicion ONLY allows the officer to conduct a brief investigatory stop. If his initial investigation does not support the "reasonable suspicion" that a crime has been committed (or is being committed), his justification ends right there and he has no probable cause to further detain the subject of the investigatory stop.
"You got a license fer thet thar pistol, sonny?"
"Don't need one, Depewty, this here's West-by-God Virginny and open carry's legal here."
"Oh ... Ummm, have a nice day."