The officer can believe whatever they want, but if they can't document in court the actual probable cause that generated the search, the evidence from that search is excluded. Probable cause is not as simple as "the officer says they believed the motorist was probably guilty".
>Probable cause is not as simple as "the officer says they believed the motorist was probably guilty".
That is naive. The bar for documentation is the officer's own recollection or a written report based upon their recollection. Officers receive training on how to obtain PC, and how to subsequently pivot to full searches. SCOTUS has granted wide latitude WRT such techniques.
State vehicle codes are written to provide law enforcement officers ample opportunity to establish probable cause to initiate a traffic stop when an individual is suspected of having committed, or about to commit, a crime other than the infraction of the vehicle code.
I'm not confused. I'm trying to explain to you that the distinction you make between the two is practically meaningless. Even a dim-witted cop can figure out a way to get in your car for a search; you don't stand a chance against a competent one.
