Los Angeles Probable Cause and Reasonable Suspicion Defense Attorney

The Fourth Amendment of the United States Constitution shields every person in Los Angeles from unreasonable searches and seizures. Yet officers still stop cars, question pedestrians, order people out of their homes, and even search pockets or phones—often claiming “reasonable suspicion” or “probable cause.” Understanding where those lines are drawn is essential to protecting your freedom and suppressing illegal evidence in court. Because probable cause determinations involve an intricate area of the law, you must have a skilled and knowledgeable criminal defense attorney fighting on your behalf.

The following guide explains the two standards in plain English, highlights the most recent changes in California law, and outlines how Kraut Law Group Criminal & DUI Lawyers, Inc. uses these rules to win dismissals, negotiate charge reductions, and secure acquittals every day.

• Definition: A specific and articulable set of facts leading a trained officer to suspect that criminal activity is afoot. It is more than an inarticulate “hunch,” but less than the evidence required for arrest.
• Scope of police power:
  • Detentions: A traffic stop or a sidewalk encounter becomes a detention when you are not free to leave.
  • Frisks for weapons: Under Terry v. Ohio (1968), a limited pat-down of outer clothing or a quick sweep of the passenger compartment is allowed if the officer reasonably suspects you are armed and dangerous.
  • Vehicle questioning: During a valid traffic stop, the officer may ask for license, registration, insurance, and may run a warrant check, but may not prolong the stop to fish for evidence once the mission is complete. California courts suppressed evidence where an officer kept questioning after the traffic infraction inquiry had concluded (People v. Holiman, 2022).

• Racial or ethnic appearance alone.
• Presence in a “high-crime” neighborhood, absent additional facts.
• Nervous demeanor or avoidance of eye contact by itself; the California Supreme Court recently confirmed that merely avoiding police is insufficient to detain someone.
• A generalized claim that “people like you fit the description.”

• Definition: Facts and circumstances within the officer’s knowledge that would lead a prudent person to believe a crime has been committed (or evidence of a crime is present). It is a higher standard than reasonable suspicion.
• When probable cause is required:
  • Arrests: When probable cause exists, felony arrests may proceed without a warrant; however, most misdemeanors still require the offense to occur in the officer’s presence.
  • Search warrants: Before entering a home, police must present sworn facts establishing probable cause to a judge, who decides whether to issue a warrant.
  • Vehicle and pedestrian searches: Because vehicles are mobile and society’s expectation of privacy is reduced, an officer may search a car on the roadside (or a person on the street) with probable cause alone, without obtaining a warrant.
• Examples that can build probable cause:
  • Contraband in plain view or plain smell (e.g., firearm on the seat, odor of burnt cannabis under post-legalization rules).
  • Admissions or confessions by the suspect.
  • Corroborated informant tips.
  • Evidence was discovered during a valid weapons frisk.

• Level of proof: Reasonable suspicion = “may be armed or engaged in crime.” Probable cause = “probably committed a crime.”
• Duration of police encounter: Reasonable suspicion allows only as much time as necessary to confirm or dispel the suspicion. Probable cause justifies custody until arraignment.
• Intrusiveness permitted:
  • Reasonable suspicion: brief stop and frisk for weapons or protective sweep.
  • Probable cause: full custodial arrest and search incident to arrest and search of the car (including closed containers).
• Judicial oversight: Reasonable suspicion decisions are reviewed later, usually on a suppression motion. A magistrate issuing a warrant must examine probable cause for home searches beforehand.

• Consent searches restricted: California Assembly Bill 93 (effective January 1, 2024) bars officers from requesting consent to search a vehicle, person, or possessions unless they first have reasonable suspicion. This reform sharply limits so-called “fishing expeditions” after routine traffic stops.
• High-risk vehicle stops under scrutiny: The Ninth Circuit held LAPD officers could be liable for pointing rifles and forcing occupants out of a car based only on suspicion that it was stolen—probable cause, not mere suspicion, is required for such aggressive tactics (Chinaryan v. City of Los Angeles, 2024).
• Data-driven oversight: The 2024 Racial & Identity Profiling Act (RIPA) report emphasizes that stops must rest on individualized reasonable suspicion, not generalized hunches, and provides statistical benchmarks your defense team can use to challenge biased policing.

• Pre-textual traffic stops
  • Officers tag a minor Vehicle Code violation (e.g., tinted windows) to justify pulling you over, hoping to find drugs or weapons.
  • Our approach: Attack the basis for the stop; if the equipment code section was misapplied or the violation occurred outside the officer’s view, all downstream evidence can be tossed.
• Prolonged detentions
  • Asking unrelated questions or waiting for a drug dog long after the speeding ticket is written.
  • Our approach: Use timestamps from dash-cams, body-cams, and dispatch logs to demonstrate unjustified delay.
• Manufactured probable cause
  • Claiming to smell marijuana when the wind direction or windows are closed makes that improbable.
  • Our approach: Present scientific testimony, weather reports, and expert witnesses to impeach the officer’s claim.
• Overbroad frisk turned search
  • Pat-down slips into pocket-digging or cellphone probing without a warrant.
  • Our approach: File a motion to suppress all evidence as fruit of the poisonous tree under People v. Williams precedent.

• Former prosecutor's insight: Founding attorney Michael Kraut spent years in the elite Major Frauds Unit of the Los Angeles County District Attorney’s Office. He knows the playbook prosecutors use to defend shaky stops and searches—and how to dismantle it.
• Proven track record: From misdemeanor DUI checkpoints to multi-agency narcotics raids, Kraut Law Group Criminal & DUI Lawyers, Inc. has won or dismissed hundreds of suppression motions based on lack of reasonable suspicion or probable cause.
• Courtroom credibility: Judges and prosecutors respect lawyers who come to court prepared with the latest Ninth Circuit and California appellate cases, sworn officer depositions, and bullet-proof investigative timelines.
• Personalized defense: Every stop is unique. We interview witnesses, subpoena video, scour CAD printouts, and bring in former law-enforcement experts to reconstruct the scene.

• Stay calm and polite. Silence is not resistance; you may calmly state, “I do not consent to any searches.”
• Ask, “Am I free to go?” If the officer says yes, leave immediately. You are detained and should stop talking if the answer is anything else.
• Exercise your right to remain silent. Provide license and registration if driving, but decline further questioning until counsel is present.
• Document everything. Note badge numbers, patrol car plates, street names, and record audio or video if safe.
• Call us. Early intervention often makes the difference between freedom and felony charges.

• Immediate investigation: We track body-cam footage before it is deleted, secure surveillance videos, and interview witnesses while memories are fresh.
• Aggressive motion practice:
  • File motions to suppress evidence under Penal Code § 1538.5.
  • Demand Frank's hearings when affidavits contain reckless or intentional false statements.
  • Challenge traffic stops under Vehicle Code § 22350 et seq. and recent Ninth Circuit authority.
• Negotiation leverage: A well-supported suppression motion forces the prosecution to choose between losing critical evidence or offering a favorable plea, often diversion or outright dismissal.
• Trial excellence: If the case reaches a jury, we expose illegal police conduct step-by-step, teaching jurors the same constitutional standards officers are sworn to uphold.

Time is critical. Witness memories fade, and crucial video may be overwritten within days. Schedule a confidential, no-cost consultation with Kraut Law Group Criminal & DUI Lawyers, Inc. today and put a former prosecutor’s knowledge on your side.