Reasonable Suspicion v. probable cause - Essay Example

Difference between "reasonable suspicion" and "probable cause" “Reasonable suspicion is the legal standard by which a police officer has the right tobriefly detain a suspect for investigatory purposes and frisk the outside of their clothing for weapons” (Silverman, 2009). It is difficult for the crime investigating officers to gather all evidences before arresting a criminal. Circumstantial evidences may sometimes lead the police officers to detain suspected people for interrogation. At the same time the investigating officer should have reasonable evidences to arrest or detain a suspected person.

For example, if a police officer notices blood marks or weapons inside a vehicle, he can arrest the driver and others based on reasonable suspicion. In this case, the police officer has reasonable evidences to justify his action. Probable cause is the standards which are cited by a law enforcement officer to make an arrest or to conduct personal property searches. Probable cause is derived from the Fourth Amendment of the United States Constitution. For example, if a police officer watches a person coming out from an ATM counter and running towards his vehicle in a hurry.

In this case, the officer can question that person to make sure that he has not done anything illegal. Same way, it is possible for a police officer to detain a minor who is trying to purchase alcohol. In the case of probable cause, the actions of the suspected person motivate the police officer to arrest of detain the suspected person. In the case of reasonable suspicion, the police officer acts on the circumstantial evidences. To conclude, reasonable suspicion gives the law enforcement officer the right to stop and question and individual whereas probable cause gives him the right to detain the suspected person.

ReferencesSilverman, S. (2009). What is reasonable suspicion?. Retrieved from http://www.flexyourrights.org/faq/what_is_reasonable_suspicion