Reasonable Suspicion And Probable Cause

Decent Essays
Reasonable suspicion and probable cause are two reasons in determining when it is appropriate for an officer to make an arrest, search for evidence and hold a person for questioning.

Reasonable suspicion is legal standard used in criminal procedures and is looser than probable cause, which is less than a likelihood. With this standard it gives Law Enforcement the right to justify brief stops and detentions of a suspect for investigatory purposes and frisks. However, reasonable suspicion requires facts or actions that a suspect has, is, or will commit a crime. This isn’t enough to justify a full search.
Example:
Factors that can be used to form reasonable suspicion, a man driving after 2 a.m. on a Saturday night weaving across lane lines,

Related Documents

  • Improved Essays

    Police have probable cause to arrest passengers in a vehicle where an illegal substance are found, as the presence of drugs allows reasonable officers to conclude that probable causes exist that a crime has been committed in their presence. Due to the small and contained area of a vehicle it is reasonable to assume that all occupants have knowledge or possession of the illegal…

    • 659 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    St. Paul V. Uber Case

    • 2052 Words
    • 9 Pages

    An example, if the driver is observed, in such a way that is of an unusual nature, reckless, the driver appears intoxicated, attempting to avoid the police officer on purpose or be otherwise evasive upon seeing a police…

    • 2052 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    Wilson Vs Arkansas

    • 1024 Words
    • 5 Pages

    Analysis- Probable cause(pc) is when an officer in light of his training and experience reasonably believes that a crime has been committed and the person arrested committed it. Totality of the circumstances (TOC) allows the court to decide if what the officer knew during the arrest can help their belief that the suspect committed the crime. The officers had probable cause that Janay’s life was in danger when they heard her screaming and her eagerness to let them…

    • 1024 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    An arrest warrant is only issued with there is substantial evidence that the person to be arrested…

    • 263 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    a) Consent to Search In R v. Wills (1992) the court found the following criteria necessary for a valid consent search: 1. There was consent, expressed or implied; 2. The giver of the consent had the authority to give the consent; 3. The consent was voluntary (not police coerced); 4. The giver of consent was aware of the police conduct; 5.…

    • 1052 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Stop And Frisk Case Study

    • 1706 Words
    • 7 Pages

    Officers only need a reasonable suspicion of wrongdoing. The term “Stop and Frisk” is a technique which is utilized by police officials for the reduction of crime through stopping and searching the individual(s) they suspect of committing a crime or in possession of illegal weapons or drugs. This policy has been under a constant debate based on the facts that it promotes racial profiling, that stops can be considered illegal, and this policy invades the privacy of all individuals.…

    • 1706 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Mapp Exclusionary Rule

    • 549 Words
    • 3 Pages

    If a police officer suspected a criminal of violating the law, the officer had the right to search the suspect without any warrant. Moreover, Mapp v. Ohio limited what police can do to a citizen. For example, a police can’t search another person without any “reasonable suspicion” or “probable cause”. Furthermore, Chief Justice Warren introduced a new rule: inevitable discovery rule.…

    • 549 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    This paper argues that the Fourth Amendment effects law enforcement. In criminal cases, it is important that there is substantial evidence to reach a verdict. For the prosecution to obtain such evidence, they must perform a search and seizure. The Fourth Amendment protects citizens from unreasonable and unlawful search and seizures. It states that people have the right to secure their person and property from search and seizure without a warrant.…

    • 931 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Lawful arrest Lawful arrest does not require a search warrant when arresting someone. The officer can search the person and any area surrounding the person. The police search the surrounding are for evidence that could be throw or destroyed within the suspect wingspan. The lawful arrest is also helps when searching a vehicle, when the suspect is arrested. The Supreme Court can let a police officer search a vehicle if the officer has reasonable suspicion that the vehicle has weapons or drugs that belongs to the suspects.…

    • 563 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Stop and Frisk states that police is able to stop and search someone based on a suspicion that this person is involved in criminal activity. The 4th amendment states that police is allowed to search someone if they have the reasonable believe that this person is committing, has committed or is going to commit a crime. This search consists of a quick pat down of the outer clothing. Stop and Frisk started with the Terry vs. Ohio case, in 1976, in which a police officer suspected three men of being about to commit a crime. The officer pointed his gun at them in order to search them.…

    • 740 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    A "stop and frisk" occurs when a uniformed or plain clothed officer, deems a suspect as being armed and dangerous. The officer stops the suspect, conducts an interrogation, and then proceeds by patting the individual down for weapons, illegal contraband, and drugs. The purpose of a frisk…

    • 1609 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Fourth Amendment In Texas

    • 492 Words
    • 2 Pages

    As well the court also stated that detaining a person to require him to identify himself with lack of evidence against him/her violates their Fourth Amendment right. The Fourth Amendment requires such action,or that the seizure should be carried out pursuant to plan embodying explicit,neutral limitations of individual officers. In other words, a police officer can’t arrest you,detain you,or search you without a search warrant or an arrest warnat. Though there are some expectations on getting search or being detained,like for instances if a police officer asks your permission to search in your belongings and you agree then that’s not considered an intrusion of your privacy because you allowed him/her to search in your belongings. Same goes for being arrested because in order to be charged with a crime police officers must have reasonable suspicion and enough evidence to charge you with that crime.…

    • 492 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    It is common for a search to be defined as any action by government officials, which involves seeking for indication of a violation of law. Nonetheless, according to the Court’s cases, a search ensues when there is a physical invasion into one of the “constitutionally protected areas” which can be associated with the Fourth Amendment: persons, papers and effects (Whitebread and Slobogin, 120). Silverman vs United States (1961) exemplify how searches have conditions. Evidence officers gathered by…

    • 490 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Essay On 4th Amendment

    • 566 Words
    • 3 Pages

    The fourth amendment to the United States constitution guarantees that there will be no unlawful searches or seizures. However, under Supreme Court ruling, this amendment is not applied in school. In other words, government officials are lawfully allowed to search you and your belongings without a warrant of any kind. The reasoning to this is because there is a heightened need to keep areas of learning and teaching safe. Recently courts have expanded the Supreme Court’s ruling to lawfully allow school officials to conduct these searches.…

    • 566 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Arrest warrants are issued to allow the police to identify and locate a person, or persons. These persons are usually those who have been previous arrest, released on bail, but then fail to show up to court after their release, in contrast a search warrant allows the police to enter into a promise, in search of evidence or contraband that may be used in an upcoming trial. In order to take possession of an item, and that property to be searched it must be specifically listed in the search warrant. The police are limited to only what is indicated in the warrant after its approved by a judge. ( John Worrall. 2013).…

    • 771 Words
    • 4 Pages
    Improved Essays