What is the difference between probable cause in reasonable suspicion?
Probable cause and reasonable suspicion are two legal standards used by law enforcement to justify certain actions, such as conducting a search or making an arrest. The main difference between the two is the level of certainty required.
1. Reasonable suspicion: Reasonable suspicion is a lower standard of proof that allows law enforcement officers to temporarily detain a person for further questioning. It is based on specific and articulable facts that, when taken together with rational inferences, would lead a reasonable officer to believe that a crime has occurred, is occurring, or is about to occur. Reasonable suspicion requires less evidence and can be based on hunches or educated guesses.
2. Probable cause: Probable cause, on the other hand, is a higher standard of proof that is needed to make an arrest or conduct a search. It requires facts and circumstances that would lead a reasonable person to believe that a crime has been committed and that the person to be arrested or the place to be searched is connected to the crime. Probable cause is a stronger and more substantial basis compared to reasonable suspicion.
In summary, reasonable suspicion is a lower level of certainty required to briefly detain someone, while probable cause is a higher level of certainty needed to make an arrest or conduct a search.