High School

Briefly discuss the differences between probable cause and reasonable suspicion. Which one is needed to make an arrest?

Answer :

Final answer:

Probable cause, a high standard requiring evidence of a crime, is needed to make an arrest. In contrast, reasonable suspicion is a lower standard that allows law enforcement to question an individual based on specific circumstances. This ensures the protection of individuals against unreasonable searches and seizures.

Explanation:

Probable cause and reasonable suspicion are both legal standards used in law enforcement, but they have different applications and levels of evidence required. Probable cause is a considerably higher standard than reasonable suspicion and is required to make an arrest. It implies that there is a likelihood that a crime has occurred, or that evidence of a crime will be found in the particular place to be searched. For example, if law enforcement witnesses a person committing a minor crime or misdemeanor, they may make an arrest if probable cause exists without a warrant.

On the other hand, reasonable suspicion is a less stringent standard, it implies there is a reasonable belief based on specific factual circumstances that a person may be involved in criminal activity. This is often the basis for a law enforcement officer to stop and question an individual. However, it does not provide enough grounds for an arrest.

Regardless of the standard applied, in rule-of-law systems, it is crucial to protect individuals against unreasonable searches and seizures. For instance, the search warrant system is applied to mediate these interactions and is often based on the presentation of probable cause to a judge. This system is designed to preserve a person's right to privacy and protect them from indiscriminate intrusion by the government or police.

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