Police Officer Preparation & Law Enforcement Resource - Archive

Could someone please explain to me in as much detail as possible the difference between probable cause and reasonable suspicion. They seem to be the same thing to me.

Could someone please explain to me in as much detail as possible the difference between probable cause and reasonable suspicion. They seem to be the same thing to me.

Probable Cause is the burden of proof necessary for the issuance of a warrant or for an arrest or search. It means, basically, that there is more evidence to support the presence of evidence or suspect's guilt than there is to refute it.

Reasonable suspicion, on the other hand, is a lower burden of proof, amounting to something between a hunch and Probable Cause. It does not allow a search or arrest, but will allow a briefer detention or pat down.

Does that make sense?

Probable cause: More likely than not. 51% standard.
Imagine the scales of justice (pictured below). Imagine all the facts are pebbles, some bigger than others. Some pebbles are on the "Yes, he did it" or "yes, there is evidence there" side. Some pebbles say "no" and are on the other side. If, in the end, the scale tips ever so slightly towards "yes", the probable cause standard has been met.

Official definition from the academy: Trustworth facts and circumstances within an officer's knoledge that would lead a reasonable person to believe it's more likely than not that a suspect has committed a crime or evidence will found in a particular place".

PC is the standard necessary for arrests and search warrants.
http://upload.wikimedia.org/wikipedia/commons/4/4f/Scale_of_justice_gold.jpg

Reasonable suspicion: Articulable facts leading someone to believe it's reasonable that someone has, is, or is about to commit a crime, which premisses an officer to detain someone.

R.S. is the standard necessary to detain someone to conduct an investigation. The detainment is limited to how ever long is reasonable to conduct the investigation. Ex: A person could be detained for hours if they're a murder suspect, but if they're suspected of shoplifting a candy bar it probably isn't reasonable to detain someone for two days.



Scale of proof:

Hunch --> reasonable suspicion --> probable cause --> proof beyond reasonable doubt

It's all in the perspective of a "reasonable person".

For reasonable suspicion- a reasonable person looking at the circumstances would say that it's reasonable to believe that the person could be involved in a crime.

An example, you get a call for a burglary. The witness reports that the burglar leaves in a red SUV. As you are coming into the area, a minute and a half later, you see a red SUV leaving the neighborhood. You can stop it because a reasonable person would believe that the vehicle could be involved.

Probable cause- after making the stop, as you approach the car, you see a TV, jewelry, a laptop, video games, etc, scattered throughout the SUV. The homeowner reports those exact items missing. Now a reasonable person would believe that it is probable that the person committed the crime.

Thanks for the responses, everybody. Your answers really helped a bunch!

I bet anaserrata gets a "A" on the report/presentation.

I bet anaserrata gets a "A" on the report/presentation.

AND doesn't even have to type his/her answers out!! :biggrin5:

Yeah probably, but the line she added saying that they seem to be the "same thing to me" says to me that she's actually done the reading, and it's a comprehension problem rather than a laziness problem.

I really have no problem with questions from people who have done the legwork, but aren't quite grasping something, over someone who just asks the blanket question.

Google search finds many sites with explanations from all types of scholarly authors.

I bet anaserrata gets a "A" on the report/presentation.

If only everyone could their own research etc. and THEN ask for some clarification I am
sure a lot more of us would be more than happy to help as in this OP's case!

I could have hopped in and given the Australian version and REALLY confused everyone :cheers:

I bet anaserrata gets a "A" on the report/presentation.

Actually, I just might.

I do my research. And yes, I can google "What's the difference between reasonable suspicion and probable cause?" but why go to unknown authors when I can ask a real police officer? My school has an extremely strict policy against plagiarism and for someone going for a Criminal Justice degree ... committing a felony by "copying" what someone else has said ... gimme a break. Half the damn population can't even spell correctly so I know better than to Copy and Paste. Thanks.

There's an enormous difference between research and copying/plagiarizing.

Research can be in many forms, the most frequent of which is reading existing materials and making a report on it.

I do my research. And yes, I can google "What's the difference between reasonable suspicion and probable cause?" but why go to unknown authors when I can ask a real police officer? My school has an extremely strict policy against plagiarism and for someone going for a Criminal Justice degree ... committing a felony by "copying" what someone else has said ... gimme a break. Half the damn population can't even spell correctly so I know better than to Copy and Paste. Thanks.

The title of this post - "Don't mistake me for yourselves" - begs the question, are you accusing US of something?

Ditto. And, such attitude coming from someone who has never introduced his/herself and has asked quite a few homework questions in the past... :rolleyes: ::CLICK::

The title of this post - "Don't mistake me for yourselves" - begs the question, are you accusing US of something?

Just as much as I was.

Ditto. And, such attitude coming from someone who has never introduced his/herself and has asked quite a few homework questions in the past... :rolleyes: ::CLICK::

Good thing you don't HAVE TO respond, yeah?

Anaserrata, Pls exercise restraint or...end well this will not.

Anaserrata, Pls exercise restraint or...end well this will not.

You're right. Thank God at least some responses weren't a waste of time. Thanks.