Answer :
Final answer:
The Constitutional foundation for most arrests, searches, and seizures is probable cause, rooted in the Fourth Amendment which requires a warrant issued by a judge for a search or seizure. Reasonable suspicion is a lower standard applicable to stops and frisks as per Terry v. Ohio but does not suffice for more invasive searches or warrant issuance.
Explanation:
The Constitutional foundation or grounds for most arrests, searches, and seizures is probable cause. This standard is based on the Fourth Amendment, which prohibits unreasonable searches and seizures, and requires warrants to be issued by a judge based on probable cause. Probable cause is a higher standard than reasonable suspicion, which can justify stops and frisks on the street, as established in Terry v. Ohio (1968). While reasonable suspicion can initiate a stop and frisk, to conduct a more invasive search or to issue a warrant, law enforcement must demonstrate probable cause that a person has committed a crime, is committing a crime, or is about to commit a crime.
It is important to note that the Fourth Amendment is a crucial part of the rule-of-law systems, defending individuals' rights by setting the standards for searches and seizures, thus ensuring that citizens are protected from arbitrary government actions.
