ount they will likely win. Next, the prosecutor will have to address the issue of probable cause. In order to be successful, the prosecutor will have to show that Ms. Jones’ actions raised reasonable suspicion to probable cause. Without any overt evidence of a crime, other than Ms. Jones’ strange behavior, any argument that that the prosecutor could make that probable cause existed would be weak at best.On balance, Ms. Jones is not likely to prevail in a claim that the investigative stop was unwarranted. Just as the police in Wardlow were able to use unprovoked flight as the basis for reasonable suspicion of criminal activity in order to justify an investigative stop, the court will probably view Ms. Jones' actions as constituting reasonable suspicion. Ultimately, whether the narcotics found on Ms. Jones will be suppressed or not will turn on the court’s view of the obstruction arrest. Most courts will find no probable cause to support the arrest, as there was no evidence that a crime had been committed. Officer Smith’s investigative stop was more intrusive than the pat down for weapons that the Supreme Court allows. Therefore, most courts will find this to be an unreasonable search and the arrest to be without probable cause. ...
