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Probable Cause vs. Reasonable Suspicion

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Exigent Circumstances

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Situations where immediate action is necessary, and probable cause can be used to bypass the need for a warrant.

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School Searches

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School officials typically need only reasonable suspicion to search students or their belongings.

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Definition of Probable Cause

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A reasonable belief that a person has committed a crime, based on factual evidence and circumstances.

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Terry Stops

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A stop and frisk based on reasonable suspicion that a person may be armed and dangerous.

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Automobile Exception

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Police can search a vehicle without a warrant if they have probable cause to believe there is evidence of a crime inside.

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Warrant Requirement

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Probable cause is generally required for a judge to issue a search or arrest warrant.

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Arrests Without a Warrant

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Police can arrest someone without a warrant if they have probable cause to believe the person has committed a crime.

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Searches at International Borders

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Searches for immigration and customs enforcement at borders may require neither probable cause nor reasonable suspicion.

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Definition of Reasonable Suspicion

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A belief based on specific and articulable facts that a person is or has been involved in criminal activity.

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Probable Cause for Wiretaps

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A higher threshold of probable cause is needed to obtain a warrant for electronic surveillance such as wiretaps.

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Differences Between Probable Cause and Reasonable Suspicion

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Probable cause is a higher standard requiring more evidence than reasonable suspicion, which is a more subjective, lower threshold.

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Drug Detection Dog Sniffs

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Use of a trained dog to detect drugs is considered a search that requires probable cause.

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Traffic Stops

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Officers need at least reasonable suspicion that a traffic law has been violated to make a stop.

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Consent Searches

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Neither probable cause nor reasonable suspicion is needed if a person consents to a police search.

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Informant Tips

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Informant tips can contribute to probable cause if they are corroborated by police investigation.

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