If probable cause arises during an investigatory stop, what can the officer do next?

When probable cause arises during an investigatory stop, the officer is authorized to conduct a full search incident to arrest. This is grounded in the Fourth Amendment, which protects against unreasonable searches and seizures. Once an officer has probable cause, they have a legal justification to make an arrest, and as a part of that arrest, they can perform a full search of the individual being arrested and the immediate area to ensure officer safety and to prevent the destruction of evidence.

The rationale behind this authority is to allow law enforcement to secure evidence and weapons that could pose a danger. Importantly, the search must be contemporaneous with the arrest—meaning it can happen at the time of the arrest or shortly thereafter.

While calling for backup is a prudent action depending on the circumstances and may often be a part of an officer’s procedures before making an arrest, it does not follow directly from the establishment of probable cause. Similarly, releasing the suspect or merely filing a report does not align with the immediate authority granted by probable cause during an investigatory stop. Those actions would not capitalize on the established probable cause that justifies an arrest and subsequent search.