by melville » Fri Apr 01, 2011 7:35 pm
A traffic violation committed in front of a police officer is "probable cause". Courts have ruled that to make a traffic stop, a police officer only needs "reasonable suspicion".
How to explain the difference? The best way I've ever heard it put:
Reasonable suspicion is leaving your house and wondering "Did I forget to turn the oven off?"
Probable cause is actually turning around and going home to check.
If you looked very young and/or were driving like an inexperienced driver, then that meets the definition of reasonable suspicion. Examples of an inexperienced driver are choppy turns, abrupt movements, hard braking or accelerating, etc. All of these are also indicative of a problem, period, much less that you may not have a license, and therefore is enough reason to stop the vehicle to check out what might be wrong.
If I saw a kid driving down the road that looked like he was 14, yeah, I'd probably stop him. I have actually stopped quite a few drivers that quite honestly, I thought were drunk, but it ended up that they were kids with learner's permits. (Mom/Dad in passenger seat clinging for dear life).
Hope that helps.