Answer :
Reasonable suspicion is the belief that a person may be involved in a crime, while probable cause is a more substantial belief based on facts and circumstances that a person has committed a crime. Reasonable suspicion can lead to stops and frisks; probable cause is needed for arrests and warrants. Assessment includes examining motive, opportunity, and ability to commit the crime.
Reasonable suspicion is a standard that allows police officers to investigate or detain an individual if they have a reasonable belief that an individual has been, is, or is about to be engaged in criminal activity. On the other hand, probable cause is a higher standard required to arrest someone or to obtain a search or arrest warrant, which means there is a reasonable basis to believe that a person has committed a crime based on facts and circumstances.
Examples of reasonable suspicion include an officer observing someone looking into car windows in a parking lot late at night, which may suggest an intent to steal. An example of probable cause might be finding stolen property in the trunk of a person's car during a legal traffic stop.
When assessing whether there is reasonable suspicion or probable cause, officers are guided by a series of questions to determine: motive, opportunity, and means to commit a crime; the relationship between these factors and the suspected illegal activity; and whether the evidence available would convince a reasonable person of someone's involvement in the criminal conduct. Key questions could include:
- Did the person under suspicion have a motive to commit the crime?
- Did the person under suspicion have the opportunity to commit the crime?
- Did the person under suspicion have the ability or means to commit the crime?
