The legal significance of "reasonable suspicion" to stop and frisk an individual versus "probable cause" to arrest and individual. Reasonable suspicion is the presumption a crime has been committed or will happen. Based on the evidence informed by police officers experience and interpretation. But, is less than probable cause to an arrest. Probable cause, holds a belief given by facts and more of concrete evidence of a crime. For example, police need reasonable suspicion to stop and frisk and individual. While, in probable cause must exist if the police obtain a search warrant. However, Law enforcement officers do not have to have justification to stop someone on a public street to ask questions. Under the Fourth Amendment; individuals are
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One, search incident to lawful arrest; a police officer may search the area surrounding the person within their reach. For example, a person is arrested for driving intoxicated after being pulled over. A vehicle search conducted to find ten grams of cocaine in the glove compartment and a illegal handgun in the trunk. The cocaine is admissible evidence and handgun being excluded because, it was an unreasonable search. Not requiring a search warrant to be issued. Two, plain view exception; no warrant can be obtained if evidence is seized in the location from, where the perception is viewed from. For example, law enforcement officers are called to the Rodriguez 's house by, neighbors who see him beating is wife Jenny. Entering the house, police notice a illegal handgun on the table not loaded. Without a search warrant, they arrested Mr. Rodriguez for battery and illegal guns being seized. The search warrant must be issued to search specific areas or persons. Three, consent; a person can give an officer to have authority to search or seizure. Four, Stop and Frisk: An officer can stop a suspect as long as there is a reasonable suspicion. Five, Automobile exception: a warrant is not required to search vehicles, if there is probable cause. The automobile exception, does allow the search of a boat to be searched. (National Paralegal College,
One, search incident to lawful arrest; a police officer may search the area surrounding the person within their reach. For example, a person is arrested for driving intoxicated after being pulled over. A vehicle search conducted to find ten grams of cocaine in the glove compartment and a illegal handgun in the trunk. The cocaine is admissible evidence and handgun being excluded because, it was an unreasonable search. Not requiring a search warrant to be issued. Two, plain view exception; no warrant can be obtained if evidence is seized in the location from, where the perception is viewed from. For example, law enforcement officers are called to the Rodriguez 's house by, neighbors who see him beating is wife Jenny. Entering the house, police notice a illegal handgun on the table not loaded. Without a search warrant, they arrested Mr. Rodriguez for battery and illegal guns being seized. The search warrant must be issued to search specific areas or persons. Three, consent; a person can give an officer to have authority to search or seizure. Four, Stop and Frisk: An officer can stop a suspect as long as there is a reasonable suspicion. Five, Automobile exception: a warrant is not required to search vehicles, if there is probable cause. The automobile exception, does allow the search of a boat to be searched. (National Paralegal College,