Answer :
Probable cause is needed to make an arrest, requiring a reasonable belief that a crime has occurred and the arrestee committed it. Reasonable suspicion is a lower standard for investigatory stops.
Probable Cause and Reasonable Suspicion are legal standards used in criminal law, particularly in the context of arrests and searches. They have distinct meanings and implications:
Probable Cause:
Definition: Probable cause is a higher standard of evidence compared to reasonable suspicion. It refers to a reasonable belief that a crime has been committed, and there is sufficient evidence to believe that the person to be arrested has committed or is committing that crime.
Required for Arrest: Probable cause is typically required to make a lawful arrest. Law enforcement officers must have enough information and evidence to convince a reasonable person that the arrestee likely committed a crime.
Reasonable Suspicion:
Definition: Reasonable suspicion is a lower standard than probable cause. It is based on specific, articulable facts that lead a reasonable person to believe that criminal activity may be occurring or that a person may be involved in such activity.
Required for Investigatory Stops: Reasonable suspicion is often used to justify investigatory stops (e.g., stop-and-frisk) or temporary detentions where law enforcement believes criminal activity may be afoot but lacks the full evidence required for an arrest.
In summary, the key difference between the two standards is the level of certainty or evidence required.
Probable cause is a higher standard and is typically needed to make an arrest, while reasonable suspicion is a lower standard often used for investigatory stops and temporary detentions.
Probable cause represents a stronger belief that a crime has occurred or is ongoing, justifying a full arrest.
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