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Old April 23, 2013, 05:02 PM   #162
Senior Member
Join Date: October 24, 2008
Location: Orange, TX
Posts: 3,066
"Probable cause is not equal to absolute certainty. That is, a police officer does not have to be absolutely certain that criminal activity is taking place to perform a search or make an arrest. Probable cause can exist even when there is some doubt as to the person's guilt."
In a Nutshell

"Probable cause" means reasonably reliable information to suspect there is a "fair probability" that a person has committed a crime, or that a search will reveal contraband or evidence. "Reasonable suspicion" is a strong suspicion, even if based on less information of a less-reliable nature, that a person is involved in criminal activity or may be armed and dangerous.
I'm quite familiar and comfortable with the definitions and terminology. The officers never had anything resembling reasonable suspicion of a crime being committed. By your calculus, anyone driving a car could be detained for DWI just because someone reported someone else driving erratically. I am astonished some folks just don't understand that it is LEGAL to carry a long arm in Texas openly - and that the presumption is not on the carrier to prove his innocent intent.
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