What are the differences between “probable cause” and “reasonable suspicion?
2 attorney answers
Top Contributor 2021
Top Contributor 2020
Top Contributor 2019
Top Contributor 2018
Top Contributor 2017
Top Contributor 2016
Top Contributor 2015
Top Contributor 2014
Top Contributor 2013
Reasonable suspicion is seen as more than a guess or hunch. Probable cause is the logical belief, supported by facts and circumstances, that a crime has been, is being, or will be committed. For example, reasonable suspicion is when a cop sees a car swerving back and forth, unable to stay in it's lane. Because the officer has reasonable suspicion that the driver may be under the influence he can pull the car over. Probable cause is when the cop pulls that car over and smells alcohol on the driver's breath, asks the driver to get out and perform field sobriety tests in which the driver fails, then there is probable cause to arrest the driver.
The response above is general information related to law and not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from an attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Depends on the context. They are amorphous concepts. Most of the time, the differences are so subtle that nobody can really define them.
Please do not call my office with followup questions. Free initial consultation applies only potential clients who want to hire a criminal defense attorney in select...