Define probable cause and reasonable suspicion and under which circumstances are each used

What will be an ideal response?


Probable cause is the standard or justification necessary to affect the arrest of an individual or that induces the belief in the minds of a reasonable officer that the accused probably committed a crime. It is lower than beyond a reasonable doubt, but higher than reasonable suspicion. Both probable cause and reasonable suspicion is not an exact science and ongoing case review continually review how to define these terms. Probable cause is required for all arrests, searches, and seizures made with warrants, but not required with all warrantless arrests. Probable cause requires analysis of the totality of the circumstances. Reasonable suspicion is the lowest of all legal standards, but allows for the authorization of an investigative detention. Terry v. Ohiois famously associated with reasonable suspicion. The Supreme Court has stated, "the practice of field interrogation is constitutional when specific and articulable facts, which, taken together with rational inferences from those facts, reasonably warrant that intrusion."

Criminal Justice

You might also like to view...

After a bond has been posted the arresting agency can hold the person for a period of not more than ___ hours. This may be extended up to ___ hours but only if authorized.

a. 4/48 b. 4/24 c. 24/48 d. 24/72

Criminal Justice

The criterion for deciding if evidence is strong enough to uphold an arrest is called probable cause

a. True b. False Indicate whether the statement is true or false

Criminal Justice

Police officers functioning under the __________ style of policing may invoke their power to arrest based solely on whether a statute has been violated

Fill in the blank(s) with correct word

Criminal Justice

A potential juror who is deemed to be biased may be removed for cause, and there is no limit under the Sixth Amendment to the number of potential jurors who may be removed by this method

a. True b. False Indicate whether the statement is true or false

Criminal Justice