Answer :
Final answer:
Law enforcement needs Probable Cause to obtain a search warrant, which is a higher standard than Reasonable Suspension, which is sufficient for a stop and frisk. Reasonable Suspicion allows police to detain individuals based on specific facts suggesting potential criminal activity. Understanding the distinction between these two standards is important for grasping how searches are conducted legally.
Explanation:
Understanding Reasonable Suspicion and Probable Cause
In the context of law enforcement, there are two key standards that dictate when police can conduct searches: Reasonable Suspicion and Probable Cause.
Reasonable Suspicion
Reasonable Suspicion is a standard used by law enforcement when they have specific and articulable facts that suggest a person may be involved in criminal activity. This is a lower standard than Probable Cause and allows police to stop and briefly detain a person for investigation, as established in the case of Terry v. Ohio (1968). In this case, the Supreme Court determined that police could stop and frisk individuals if they had reasonable suspicion of criminal behavior.
Probable Cause
Probable Cause, on the other hand, is required when law enforcement seeks a warrant to search or seize property. This legal standard necessitates that officers present evidence that leads a reasonable person to believe that a crime has been committed or that evidence is present in a particular location. Essentially, Probable Cause requires more substantial evidence than Reasonable Suspicion and is the threshold a judge must consider before issuing a search warrant.
Both standards are crucial in maintaining the balance between individual rights and public safety, as outlined in the Fourth Amendment, which protects against unreasonable searches and seizures. For most searches, a warrant based on Probable Cause is necessary, although there are exceptions, such as exigent circumstances or consent.
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