If you or a loved one has ever been stopped by law enforcement, you may have wondered whether they had the legal grounds. As our criminal defense lawyers in Birmingham, Alabama, can attest, police must balance their responsibilities of keeping communities safe with obeying the law when stopping or detaining someone.
Reasonable, articulable suspicion is a significant legal matter in these circumstances.
But what does this term mean, and how does it apply to criminal cases in Birmingham, Alabama? This blog, from a skilled Alabama criminal defense attorney, explains.
Understanding Reasonable, Articulable Suspicion
In criminal law, reasonable, articulable suspicion pertains to the legal standard that allows law enforcement to stop and briefly detain someone when they suspect the person is engaged in criminal activity. Unlike probable cause, which is required to make an arrest or obtain a search warrant, reasonable suspicion has a lower threshold of evidence. However, the police cannot base it on a hunch or a vague feeling but on specific and objective facts pointing to a possible criminal offense.
For example, if a police officer observes someone pacing outside a closed store late at night and repeatedly looking over their shoulder, that behavior might form the basis for reasonable suspicion of attempted burglary.
Our Birmingham criminal defense lawyers recognize that this standard is less stringent than probable cause; however, it must meet strict legal criteria to prevent abuse and protect individual rights.
Criminal Law & Reasonable, Articulable Suspicion: How It Works in Practice
In Birmingham, AL, the application of reasonable suspicion depends on the circumstances. Officers undergo training to assess the situation based on their observations, experience, and knowledge of the area. The term “articulable” means that an officer must clearly explain the facts that led them to their suspicion.
For instance, if an officer pulls someone over while driving, they might cite swerving, speeding, or running a red light as evidence of possible drunk driving. If they stop someone on foot, furtive movements or behavior that seem out of place in the context of the location might meet the standard. Notably, these observations must connect to potential criminal activity—not just a bias or assumption.
Alabama’s state courts carefully review these incidents when challenged by criminal defense attorneys representing clients charged and analyze whether the officer’s rationale meets the threshold of reasonableness.
As mentioned in a previous blog, Federal Court vs. State Court in Alabama: What Are the Differences? state courts deal with most felony charges, such as drug crime like unlawful possession of a controlled substance, domestic violence, sex crimes like rape (which includes sex by force with an incapacitated victim or a child under 12), kidnapping, burglary, and other violent crimes.
Alabama Criminal Defense Attorneys Explain the Difference from Probable Cause
There is a significant difference between reasonable suspicion and probable cause. Although both criminal charges involve a suspicion that an individual has committed a crime or is in the process of committing a crime, probable cause requires more concrete evidence.
To obtain an arrest warrant or conduct a search, an officer must fulfill the probable cause standard, which requires specific facts and circumstances that would lead a reasonable person to believe that the suspect has committed or is committing a crime.
Reasonable articulable suspicion, however, only allows for a brief investigative stop and does not require as much evidence as probable cause. It serves as a lower threshold for officers to detain someone to gather further information temporarily.
The Criminal Justice System & Your Rights
Criminal defense lawyers recognize the urgency of knowing your rights when you’ve been stopped based on reasonable articulable suspicion. An officer can perform a “Terry stop” (named after the landmark Supreme Court case Terry v. Ohio), which allows them to detain you and ask questions briefly. They may also conduct a limited frisk or “pat-down” if they believe you’re armed and pose a danger to their safety.
However, as a legal matter, officers may not exceed the scope of this detention without probable cause. As a skilled criminal defense attorney knows, you have the right to:
- Remain silent except to provide basic identifying information as required by Alabama law.
- Refuse consent to a search of your belongings or vehicle unless the officer has probable cause.
- Politely ask whether you are free to leave.
If an officer’s actions go beyond what is legally permissible, your criminal defense attorney could challenge their conduct in court.
At The Hazzard Law Firm, our Birmingham criminal lawyers carefully examine every aspect of a stop to protect your rights. Our legal team has a deep understanding of Alabama’s state standards concerning criminal law and employs aggressive advocacy to challenge unlawful stops or searches that violate your rights. We offer free consultations with a case evaluator at our law office to discuss the details of your unique situation.
Why You Need Experienced Legal Representation in Criminal Defense Matters
Reasonable suspicion often influences criminal defense cases in and around Birmingham, AL, with potentially severe consequences. If a police officer stopped or detained you without proper legal grounds, anything they discovered could be deemed inadmissible in court under the exclusionary rule. For example, a judge could throw out evidence of drugs, stolen property, or weapons obtained during an unlawful search, potentially weakening the prosecutor’s case against you.
However, without the representation of knowledgeable Alabama criminal defense lawyers, it’s an uneven playing field. Taking a client-centered approach, The Hazzard Law Firm in Birmingham, AL, has been practicing law and representing individuals in criminal defense matters since 2009. We understand the nuances of reasonable suspicion and know how to identify weaknesses in the state’s arguments. When we represent clients, our legal services extend beyond knowledge of the law. Our aggressive representation seeks the best outcome for each case by encompassing savvy negotiation skills based on each client’s legal needs.
Why Choose The Hazzard Law Firm in Birmingham, AL?
What sets The Hazzard Law Firm apart is our deep connection to the Birmingham community and our compassion for the people we serve. Experienced attorney Wakisha Hazzard has spent extensive time in and out of the courtroom, devising effective legal solutions and developing a profound understanding of the issues affecting individuals, families, and communities. Years of mutual respect and trust undergird her relationships with local judges and prosecutors, proving invaluable in plea negotiations and all aspects of legal representation.
A skilled attorney, Wakisha’s extensive experience in the court system, presiding as a special judge and serving as a dedicated public defender, gives her unique insight into how the system operates in Birmingham, AL, and surrounding areas. She knows what it takes to create solutions that support the individual and the larger community. A servant leader, she recognizes that sometimes people get themselves into bad situations. Every attorney at The Hazzard Law Firm believes that a single moment shouldn’t define your future.
Our practice areas include DUI and DWI, drug crimes, theft, capital murder and homicide, domestic violence, assault, gun crimes, expungement, pardons, probation revocation, and juvenile defense.
Regardless of the charges you may face, rest assured that our law firm will handle your case with the utmost professionalism, care, and dedication.
Schedule a Free Consultation with a Case Evaluator to Manage the Hazards of Reasonable, Articulable Suspicion in Birmingham, Alabama
Has law enforcement stopped you? Have you been searching online for “criminal lawyers in Birmingham Alabama,” “criminal defense lawyers near me,” or a “criminal defense lawyer?”
Now is the time to act. The legal system can feel overwhelming, but you don’t have to handle it alone. At The Hazzard Law Firm, we’ll stand by your side to fight for your rights and work toward the best possible outcome for your case.
Our team has a relentless commitment to justice. We understand the fear, anxiety, and uncertainty of facing criminal charges. Whether creating a robust defense or negotiating a reduced sentence, we’ll walk with you every step of the way.
Contact The Hazzard Law Firm today at (205) 521-7378(205) 521-7378 or complete our online form to schedule your free consultation with our case evaluator. We’re here to fight for your freedom and protect your future so that a single moment doesn’t define the rest of your life.
The Hazzard Law Firm, LLC Navigates the Legal Hazards with Experience You Can Trust.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
The Hazzard Law Firm, LLC
505 20th St North, Suite 1125
Birmingham, AL 35203
(205) 521-7378(205) 521-7378
https://www.hazzardfirm.com/
