William O. Douglas

“ The term 'probable cause' rings a bell of certainty that is not sounded by phrases such as 'reasonable suspicion.' Moreover, the meaning of 'probable cause' is deeply imbedded in our constitutional history. ”

“ Yet if the individual is no longer to be sovereign, if the police can pick him up whenever they do not like the cut of his jib, if they can 'seize' and 'search' him in their discretion, we enter a new regime. ”

“ If the officer acts with probable cause, he is protected even though it turns out that the citizen is innocent. * * * And while a search without a warrant is, within limits, permissible if incident to a lawful arrest, if an arrest without a warrant is to support an incidental search, it must be made with probable cause. ”

“ There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today. ”

“ Police officers need not wait until they see a person actually commit a crime before they are able to 'seize' that person. Respect for our constitutional system and personal liberty demands in return, however, that such a 'seizure' be made only upon 'probable cause.'↑ Ohio Rev.Code § 2923.01.↑ This Court has always used the language of 'probable cause' in determining the constitutionality of an arrest without a warrant. ”

“ In such cases, of course, the officer may make an 'arrest' which results in charging the individual with commission of a crime. But while arresting persons who have already committed crimes is an important task of law enforcement, an equally if not more important function is crime prevention and deterrence of would-be criminals. ”