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Probable Cause vs. Reasonable Suspicion
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Definition of Probable Cause
A reasonable belief that a person has committed a crime, based on factual evidence and circumstances.
Definition of Reasonable Suspicion
A belief based on specific and articulable facts that a person is or has been involved in criminal activity.
Warrant Requirement
Probable cause is generally required for a judge to issue a search or arrest warrant.
Terry Stops
A stop and frisk based on reasonable suspicion that a person may be armed and dangerous.
Exigent Circumstances
Situations where immediate action is necessary, and probable cause can be used to bypass the need for a warrant.
Drug Detection Dog Sniffs
Use of a trained dog to detect drugs is considered a search that requires probable cause.
Searches at International Borders
Searches for immigration and customs enforcement at borders may require neither probable cause nor reasonable suspicion.
Traffic Stops
Officers need at least reasonable suspicion that a traffic law has been violated to make a stop.
Arrests Without a Warrant
Police can arrest someone without a warrant if they have probable cause to believe the person has committed a crime.
School Searches
School officials typically need only reasonable suspicion to search students or their belongings.
Probable Cause for Wiretaps
A higher threshold of probable cause is needed to obtain a warrant for electronic surveillance such as wiretaps.
Informant Tips
Informant tips can contribute to probable cause if they are corroborated by police investigation.
Consent Searches
Neither probable cause nor reasonable suspicion is needed if a person consents to a police search.
Automobile Exception
Police can search a vehicle without a warrant if they have probable cause to believe there is evidence of a crime inside.
Differences Between Probable Cause and Reasonable Suspicion
Probable cause is a higher standard requiring more evidence than reasonable suspicion, which is a more subjective, lower threshold.
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