• Law
High School

What's the difference between reasonable suspicion and probable cause?

Answer :

Final answer:

Reasonable suspicion is a lower standard of evidence allowing police to stop and question a person, while probable cause is a higher standard required to search or arrest an individual, often necessitating a warrant.

Explanation:

The difference between reasonable suspicion and probable cause is essentially a matter of degree, where each standard is used to determine the legality of police actions such as stops, searches, and arrests. Reasonable suspicion is a lower standard than probable cause and is the amount of evidence necessary for a police officer to stop and briefly detain a person for investigation. In contrast, probable cause requires a higher level of evidence, enough for a reasonable person to believe that a crime has been committed or that evidence of a crime will be found in a specific location.

In the landmark case Terry v. Ohio, the Supreme Court ruled that police may stop a person if they have reasonable suspicion that the person has committed or is about to commit a crime. However, if police wish to search or arrest an individual, they must generally demonstrate probable cause that a crime has been committed or that evidence can be found, which often requires a warrant supported by an oath or affirmation.

For example, if police apprehend two individuals they suspect of committing an armed robbery and have evidence of them carrying an unlawful weapon, they may have reasonable suspicion to stop and question them. If through further investigation they find more evidence pointing toward one of the suspects as the robber, and it meets the standard of probable cause, they can seek a warrant for an arrest or a search.

reasonable suspicion has been defined by the United States Supreme Court as "the sort of common-sense conclusion about human behavior upon which practical people . . . are entitled to rely.

probable cause a reasonable person would believe that a crime was in the process of being committed