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LL06 LL06
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6 years ago
Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?
 
  What will be an ideal response?
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6 years ago
Probable cause to arrest means that there are enough facts and circumstances to lead
police officers in light of their experience to reasonably believe that the person
arrested has committed, is committing, or is about to commit a crime. Reasonable
suspicion only requires that officers based upon the information that they have seen
or learn from reasonably trustworthy source, reasonably suspect that a person may
has or is about to commit a crime.
Probable cause to arrest lies on a continuum between reasonable suspicion on one end
and proof beyond a reasonable doubt on the other. Reasonable suspicion is needed to
justify a stop, the least intrusive activity subject to the Fourth Amendment. Probable
cause is needed to justify an arrest, which is more intrusive than a stop as it lasts longer
and usually requires a removal from the place stopped. The highest burden of proof is
proof beyond a reasonable doubt. This is the proof needed to convict and imprison
someone for crime that can lead to a punishment from some part of a year to life.
The probable cause requirement balances the societal interest in crime control against
the individual right of locomotion, the freedom to come and go as we please.
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