What is the difference between probable cause and reasonable suspicion?

What is the difference between probable cause and reasonable suspicion?

• A. They are the same standard.
• B. Reasonable suspicion justifies full searches; probable cause only for arrests.
• C. Probable cause justifies arrests and warrants; reasonable suspicion justifies brief detentions and investigative stops.
• D. Probable cause applies to traffic stops only.

Answer: (C)

The main idea is that there are two different thresholds for police action under the Fourth Amendment: reasonable suspicion and probable cause. Reasonable suspicion is a lower, specific, and articulable basis that criminal activity may be afoot. It allows a brief detention or investigative stop (a Terry stop) and, in some cases, a protective frisk if there’s a safety risk. It does not justify full searches or arrests. Probable cause is a higher standard—there must be a fair probability that a crime has been committed or that evidence of a crime will be found in the place to be searched. This standard justifies more intrusive actions: arrests and the issuance of warrants for searches. So, the difference lies in what each standard permits: reasonable suspicion for brief detentions and investigative stops; probable cause for arrests and warrants. The other choices misstate the relationship or the scope of what each standard allows.

The main idea is that there are two different thresholds for police action under the Fourth Amendment: reasonable suspicion and probable cause. Reasonable suspicion is a lower, specific, and articulable basis that criminal activity may be afoot. It allows a brief detention or investigative stop (a Terry stop) and, in some cases, a protective frisk if there’s a safety risk. It does not justify full searches or arrests.

Probable cause is a higher standard—there must be a fair probability that a crime has been committed or that evidence of a crime will be found in the place to be searched. This standard justifies more intrusive actions: arrests and the issuance of warrants for searches.

So, the difference lies in what each standard permits: reasonable suspicion for brief detentions and investigative stops; probable cause for arrests and warrants. The other choices misstate the relationship or the scope of what each standard allows.