Probable Cause vs. Reasonable Articulable Suspicion

Attribute	Probable Cause	Reasonable Articulable Suspicion
Standard of Proof	Higher standard, requires more evidence	Lower standard, requires less evidence
Level of Certainty	More certain that a crime has been committed	Less certain, but more than a hunch
Legal Basis	Based on facts and circumstances that would lead a reasonable person to believe a crime has been committed	Based on specific and articulable facts that would lead a reasonable person to suspect criminal activity
Scope	Allows for more intrusive actions such as search warrants	Allows for limited actions such as a brief stop and frisk

Definition

Probable cause and reasonable articulable suspicion are two legal standards used by law enforcement officers to justify certain actions, such as conducting a search or making an arrest. Probable cause is a higher standard than reasonable articulable suspicion and requires more evidence to meet. Probable cause is defined as having enough facts or evidence to believe that a crime has been committed or is about to be committed. Reasonable articulable suspicion, on the other hand, is a lower standard that only requires specific and articulable facts that would lead a reasonable person to believe that a crime is being committed or has been committed.

Evidence Required

Probable cause requires more concrete evidence than reasonable articulable suspicion. In order to establish probable cause, law enforcement officers must have enough evidence to convince a reasonable person that a crime has been committed or is about to be committed. This evidence can include witness statements, physical evidence, or other corroborating information. Reasonable articulable suspicion, on the other hand, only requires specific and articulable facts that would lead a reasonable person to believe that a crime is being committed or has been committed. This standard is lower than probable cause and does not require as much evidence to meet.

Use in Law Enforcement

Probable cause is often used by law enforcement officers to justify actions such as obtaining a search warrant or making an arrest. In order to obtain a search warrant, officers must present evidence to a judge that establishes probable cause that a crime has been committed or is about to be committed. This evidence must be enough to convince the judge that a search is necessary. Reasonable articulable suspicion, on the other hand, is often used by officers during routine stops or encounters with individuals. If an officer has reasonable articulable suspicion that a crime is being committed or has been committed, they may detain the individual for further investigation.

Legal Standards

Probable cause is a legal standard that is protected by the Fourth Amendment to the United States Constitution. This amendment protects individuals from unreasonable searches and seizures and requires that probable cause be established before a search or seizure can occur. Reasonable articulable suspicion, on the other hand, is not specifically mentioned in the Constitution but has been established through court decisions. The Supreme Court has ruled that officers must have reasonable articulable suspicion in order to detain an individual for further investigation.

Challenges in Court

Probable cause is a higher standard than reasonable articulable suspicion, which can make it more difficult for officers to meet in court. If evidence is found to be lacking or insufficient, a judge may rule that probable cause was not established and any evidence obtained may be suppressed. This can make it challenging for prosecutors to build a case against a defendant. Reasonable articulable suspicion, on the other hand, is a lower standard that is easier for officers to meet. However, if an officer's suspicion is found to be unreasonable or not based on specific facts, any evidence obtained may also be suppressed.

Conclusion

In conclusion, probable cause and reasonable articulable suspicion are two legal standards used by law enforcement officers to justify certain actions. Probable cause requires more concrete evidence and is a higher standard than reasonable articulable suspicion. While probable cause is protected by the Fourth Amendment, reasonable articulable suspicion has been established through court decisions. Both standards have their own challenges in court, but it is important for officers to understand the differences between the two in order to properly justify their actions.