Preview

Reasonable Suspicion Vs. Probable Cause

Satisfactory Essays
Open Document
Open Document
243 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Reasonable Suspicion Vs. Probable Cause
Reasonable suspicion and probable cause are actually the most important concepts in the United States constitution in realizing when it is suitable for police to make a capture, search for evidence and stop an individual for questioning. In fact, reasonable suspicion and probable cause have developed through state and federal government court decisions, yet they started in the U.S. Supreme Court.
We can define reasonable suspicion as a specific facts or circumstances that leading one to believe crime that may have or will be committed. It is a reasonable conviction considering actualities or conditions and is educated by a cop's training and experience. Reasonable suspicion is viewed as more than a figure or hunch yet not as much as the reasonable cause.
…show more content…
In other words, it relates to the evidence that will be found.
The difference between these two concepts is that probable cause implies there is solid confirmation of a crime, while reasonable suspicion is actually open to a broader interpretation. Indeed, reasonable suspicion shows that it gives the idea that a crime has occurred; the expression regularly is utilized to justify investigation concerning suspicious conduct when a crime may have occurred. Finally, the Probable cause must exist for the cops to be able to arrest people or obtain a search

You May Also Find These Documents Helpful

  • Good Essays

    Wyoming V. Shatzer

    • 617 Words
    • 3 Pages

    1. The Supreme Court has previously held that if the police have probable cause to…

    • 617 Words
    • 3 Pages
    Good Essays
  • Good Essays

    2. Reasonable Forcibility: May the police rely on an exigency if it was reasonably foreseeable that police tactics would create the exigent circumstances? No. The Court rejects the notion that the police may seize evidence without a warrant only when they come across the evidence by accident.…

    • 703 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Yes, Officer Smith had reasonable suspicion. “Reasonable suspicion” is a more relaxed standard than probable cause. Reasonable suspicion exists when a “reasonable person” under the circumstances would, based on specific facts, have reason to believe that a crime had been committed (Probable Cause and Reasonable Suspicion, n.d.). Probable cause exists when there is a reasonable basis…

    • 1643 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    The following paper discusses the use of warrants, arrests, and the searching of private residences, when the law enforcement officers involved have concluded that there is probable cause. Although, probable cause is a necessary requirement in the obtaining of a warrant and in the following through of arrest procedures, ironically, according to the Legal Information Institute at the Cornell Law School, “Neither the Fourth Amendment nor the federal statutory provisions relevant to the area define “probable cause;” the definition is entirely a judicial construct” (Cornell, 2006).…

    • 1771 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    This paper will discuss and analyze the requirements for search and arrest warrants based with regard to probable cause. I will post a recent news regarding probable cause and will discuss exceptions to warrant requirements.…

    • 389 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    6. Establishing the existence of a violation, obtaining probable cause for a search warrant, and preventing crime are all considered effective uses of: C…

    • 2005 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    Probable Cause

    • 2409 Words
    • 10 Pages

    In everyday cases there are several factors included that must be met for the justice process to be effectively worked out. Probable cause is “ the minimum standard necessary for an arrest under any circumstances.” (Schmalleger,2012). Probable cause is facts that lead to a warrant, arrest, or search. This is the first step in receiving a warrant to search a suspects home, or car. Certain standards are required when coming up with probable cause. There is a certain process by which a warrant is issued, and all officers must obey all suspects…

    • 2409 Words
    • 10 Pages
    Better Essays
  • Powerful Essays

    The concept of search warrants, probable cause, and searches go hand in hand as part of the legal system. Each step makes the next step part of the process. This process gives us certain civil liberties and are all rooted in the 4th Amendment of the Constitution of The United State of America. The following information will interpret, define, and support the legal justification of warrants, probable cause, and searches.…

    • 1796 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Civil Liberties

    • 469 Words
    • 2 Pages

    2. How are the following terms interrelated: probable cause, unreasonable search and seizure, search warrant, and exclusionary rule?…

    • 469 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Search Warrants

    • 2241 Words
    • 9 Pages

    A search warrant must always be based on probable cause. We can define probable cause by facts or circumstances that would lead a person to believe that the place needs to be searched for important pieces of evidence to be found (Swanson 35). The probable cause is established by what is called a written affidavit prepared by the law enforcement officer or investigator. In the affidavit, the officer states all known facts and circumstances involving the suspects and items that are expected to be found. An affidavit contains 3 main parts that need to be described: the person, the property, and the facts. The search warrant must always describe in particular the place that is being searched. The description must be detailed enough to where the place being searched can easily be distinguished from any other place. It can be very easy to confuse one property with another; this is why it is extremely important for the description of the building to be very detailed and accurate.…

    • 2241 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    Stop and Frisk

    • 1557 Words
    • 5 Pages

    The Supreme Court rejected the defendants' arguments. The Court noted that stops and frisks are considerably less intrusive than full-blown arrests and searches. It also observed that the interests in crime prevention and in police safety require that the police have some leeway to act before full probable cause has developed. The Fourth Amendment's reasonableness requirement is sufficiently flexible to permit an officer to investigate the situation. The "sole justification" for a frisk, said the Court, is the "protection of the police officer and others nearby." Because of this narrow scope, a frisk must be "reasonably designed to discover guns,…

    • 1557 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Stop and Frisk for Law

    • 1231 Words
    • 5 Pages

    Lerner, C. S. (2006). Reasonable suspicion and mere hunches. Vanderbilt Law Review, 59(2), 405-473. Retrieved from http://search.proquest.com/docview/198950433?accountid=27899…

    • 1231 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Probable cause: sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. Probable cause in my understanding means that a police officer cannot accuse you of a crime that they are not able to prove. If you are pulled over due to being suspected of drunk driving, they have to give you sobriety tests or see open containers in order to give you a ticket or take you into custody. They just can’t see you swerve while driving and take you to jail without proof.…

    • 1101 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The Miranda rights are the rights a police offer is required to say to someone when the officer arrests that person. It is the warning that officers of the law give suspects so they know about their rights before they are interrogated. It was a law made after the conclusions of the Miranda vs. Arizona case. The case was very close as it was a 5-4 decision. The court ruled that any type of evidence, whether it is incriminating or proof of innocence, can be used as evidence in a case; however it can only be used if the police let the suspect know that they have the right to an attorney before and during questioning and also that the suspect can be silent to avoid self-incrimination before an interrogation. It is now a staple when police arrests are made. In this paper, I will explain why I believe that the Miranda Rights are not necessary anymore.…

    • 922 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Essay On Criminal Defense

    • 429 Words
    • 2 Pages

    In order to convict a criminal, prosecutors are required to prove guilt beyond a reasonable doubt. The most common criminal defenses fall under two categories, excuse and justification. An excuse is when a person admits to committing a criminal act but believes that he or she can’t be held responsible because there was no criminal content. Some excuses used in court today are; mental disorder, infancy (age), mistake of fact, mistake of law and automatism. In justification defenses, the accused admits to wrongdoing but argues that he or she should be freed from culpability or assessed reduced liability for the crime due to mitigating circumstances surrounding offense. These defenses are factors that excuse a competent person from liability for…

    • 429 Words
    • 2 Pages
    Good Essays