College

Police Detainment Rights

Police officers can detain a person if they have ____ that the person committed a crime.

a) Reasonable suspicion
b) Probable cause to believe
c) Proof beyond a reasonable doubt
d) Reasonable grounds to believe

Answer :

Final answer:

Police officers can detain a person if they have probable cause to believe that the person has committed a crime. Probable cause is a reasonable belief that a crime has been committed, and is a higher standard than reasonable suspicion, which is used for stop and frisk actions. The correct answer to the student's question is option b) Probable cause to believe.

Explanation:

Police Detainment Rights and Standards:

Police officers can detain a person if they have probable cause to believe that the person has committed a crime. In legal terms, probable cause refers to a reasonable belief that a person has committed, is committing, or is about to commit a crime. This is a higher standard than reasonable suspicion, which is sufficient for stop and frisk actions but is not enough to justify detainment or arrest without a warrant. Probable cause is required by courts when issuing arrest warrants, and it is also the standard for police in exigent circumstances without a warrant. The landmark case Terry v. Ohio (1968) affirmed the use of reasonable suspicion for stop and frisk procedures, but for an arrest or detainment to occur without a warrant, probable cause is generally needed.

According to Terry v. Ohio, even if there is no reasonable suspicion, police can still detain someone if they have an outstanding warrant and may use any evidence found as a result in court. The use of probable cause is essential in ensuring a balance between the protection of public safety and the rights of individuals against unreasonable search and seizure as outlined in the Fourth Amendment of the U.S. Constitution.