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College

Compare and contrast reasonable suspicion and probable cause. Provide one example of a traffic stop involving reasonable suspicion and one involving probable cause.

a) Reasonable suspicion involves specific, articulable facts, while probable cause requires more concrete evidence.

b) Reasonable suspicion involves a hunch, while probable cause requires certainty.

c) Reasonable suspicion: erratic driving behavior; Probable cause: observing a traffic violation.

d) Reasonable suspicion: driving in a high-crime area; Probable cause: smelling alcohol in the vehicle.

Answer :

Final answer:

Reasonable suspicion is a lesser standard that allows police stops based on facts suggesting a possible crime, while probable cause requires more evidence to believe a crime has been committed. Traffic stops may involve reasonable suspicion based on erratic behavior or probable cause with direct evidence of a violation or signs of impairment.So, the correct option is c) Reasonable suspicion: erratic driving behavior; Probable cause: observing a traffic violation..

Explanation:

Comparing and contrasting reasonable suspicion and probable cause involves understanding their specific legal definitions and applications in law enforcement. Reasonable suspicion is a lower standard that allows police to stop and briefly detain a person if they have specific and articulable facts suggesting that a person has committed, is committing, or is about to commit a crime, as established by the landmark case Terry v. Ohio (1968). In contrast, probable cause requires a higher level of suspicion—there must be sufficient evidence to believe a crime has been committed or evidence will be found.

For example, a traffic stop involving reasonable suspicion may occur when an officer observes a driver exhibiting erratic driving behavior, which could indicate impairment or distraction. Whereas a traffic stop involving probable cause could be initiated after directly observing a driver commit a traffic violation, like running a red light, or if the officer smells alcohol inside the vehicle, which could provide probable cause to believe the driver is under the influence.