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A third tier encounter is a full blown arrest. In order to arrest
you, the officer must have more than a Reasonable Articulable
Suspicion. He must have Probable Cause to believe that you are
committing a crime. For example, if the stop is legal and if the
search is legal, the discovery of contraband will lead to an arrest.
An
example of a legal traffic stop is having a headlight out at night.
If, after stopping you, the officer discovers that your driver's
license is suspended, he can arrest you and search you and your
vehicle because of the arrest. Or if the officer smells an odor of
burnt marijuana coming from your car, he has probable cause to
search your car. Or if you say or do anything that raises the
officer's suspicions, he could ask for your permission to search you
or your vehicle (never give consent - never).
In any
event, if the search produces what appears to be contraband, then
probable cause to arrest for possession of that contraband exists.
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