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