If you haven't seen s5e20 then this will be a spoiler
So in the latest episode Toby explained that the only reason he's being a jerk/cop is because of tanner. He said to spencer as he was taking Johnny to the station that tanner was still on her radar and is taking advantage of him being in a relationship with spencer. But if Toby loved spencer then he would find a way to still be with her without thinking about tanner.