Hello, my name is Susan Farris and my hobby is learning about the law. I have an uncle who is an attorney and I've always looked up to him and that's why I find subjects on law very interesting. Through speaking with my uncle and doing research on my own, I've learned about all the different fields of law. Each field of law centers on its own subject and most attorneys specialize in a certain area of law. These include criminal, personal injury, family, bankruptcy, criminal, immigration and business. I find each one of these fields very interesting and I have the utmost admiration for lawyers because they help people through their legal struggles. I wanted to share this information with others who have questions about the different types of attorneys and the law.
The criminal justice system in America can seem pretty complex even for people who have been to court. One thing that a lot of people struggle with is the idea of reasonable suspicion versus probable cause. Both are important to understand when you are facing criminal charges.
If you aren't sure what the difference is between these two terms, keep reading for more information.
What Is Reasonable Suspicion?
Reasonable suspicion is what many officers cite when they pull drivers over or stop them on the street. Generally, reasonable suspicion means that one's behavior is expected to point to criminal activity. An important distinction is involved in assessing reasonable suspicion. For example, an officer can stop somebody on the street and ask them questions without a need for reasonable suspicion, but they may not be able to pat them down.
Reasonable suspicion does not have to relate exactly to the charges an individual faces. For example, somebody could be pulled over for speeding but ultimately face charges associated with driving under the influence.
What Is Probable Cause?
Probable cause is required to make an arrest, but what circumstances qualify a police officer to cite it? Probable cause is required according to the Fourth Amendment in the Constitution. For police to make an arrest, perform a search, or receive a warrant for either of these actions, the courts must determine there is probable cause to do so. In some cases, probable cause does not have to come straight from a judge. For example, a police officer who witnesses a crime in action has probable cause to arrest someone.
Other situations in which a search warrant may not be required might be if the officers had consent from the owner, searched property relating to an arrest, or acted during an emergency situation in which evidence could be lost or the public could be in danger.
What If the Case Against You Is Bogus?
Do you believe that the officers who arrested you violate the rules regarding reasonable suspicion and probable cause? You need to hire a criminal defense attorney. An attorney can help you sort out the rules and determine if you have legal standing.
While most police officers and investigators do their best and act professionally, it is always possible that there could have been a mistake. A criminal defense attorney will look for examples of reasonable suspicion and probable cause used incorrectly to make an unfair or unwarranted arrest. Learn more by contacting a criminal law firm.
Share31 March 2020
