Law enforcement officers use two methods to investigate possible criminal activity: reasonable suspicion and probable cause. Reasonable suspicion means officers have a reasonable belief, sometimes called a hunch, that criminal activity may have occurred. They have no hard evidence to support their belief. Probable cause is more concrete. Probable cause means officers are not just suspicious that criminal activity has occurred; they think it's likely, or probable, that criminal activity has taken place. Many times reasonable suspicion may evolve into probable cause. This is not always the case, however. Initial contact between an officer and a subject often involves reasonable suspicion rather than probable cause.
This is a two-part assignment. Be sure to complete both parts.
Instructions
Part 1
In Part 1 of this assignment you are required to write a one- to two-page narrative in which you:
Distinguish between reasonable suspicion and probable cause.
Be sure to illustrate your distinctions between these two terms with examples.
Develop a checklist with a series of questions to ask when assessing reasonable suspicion Versus probably cause (for example, What drew your attention to this particular person?).
Part 2
In Part 2 of this assignment, you are required to examine the 10 scenarios contained in the .
Determine whether reasonable suspicion or probable cause applies to each scenario.
Justify your determinations.
Full Answer Section
Reasonable Suspicion:
Reasonable suspicion is a hunch or an articulable belief that criminal activity may be afoot. It's a lower standard that allows officers to briefly detain someone for questioning or to investigate further. However, it's not enough to justify an arrest or a full search.
Example: An officer patrolling a high-crime area observes a group of teenagers huddled together, looking nervous. This might raise reasonable suspicion that they are engaged in illegal activity, but it's not enough to arrest them. The officer could approach and ask them questions to investigate further.
Probable Cause:
Probable cause is a higher legal standard that requires more concrete evidence suggesting a crime has likely been committed. It justifies an arrest and allows officers to conduct a full search of a person or their belongings.
Example: The officer in the scenario above observes one of the teenagers hand a small object to another, and both quickly conceal their hands in their pockets. This, combined with the initial suspicious behavior, could establish probable cause for the officer to believe a drug transaction is occurring. The officer could then arrest them and search their pockets.
Checklist for Assessing Reasonable Suspicion vs. Probable Cause
Here's a checklist to help assess whether reasonable suspicion or probable cause exists:
- What drew your attention to this particular person?Reasonable suspicion often arises from unusual behavior, being in a high-crime area late at night, or matching a suspect description. Probable cause requires more specific observations, like witnessing a crime in progress or finding evidence like stolen goods.
- What specific facts support your suspicion?With reasonable suspicion, the officer can articulate observations that suggest criminal activity might be happening, but they can't pinpoint a specific crime. Probable cause involves concrete details that point to a specific crime being committed.
- Can you articulate a reason for the stop or search?For reasonable suspicion, the officer needs to explain why they are stopping someone. For probable cause, they need to articulate why they believe a crime has likely been committed and why they are arresting or searching the person.
Remember: This checklist is a guide, not a rigid formula. Experienced officers develop a good sense for these distinctions based on training and experience. However, a clear understanding of these legal standards is essential for both law enforcement and citizens.
Sample Answer
Part 1: Reasonable Suspicion vs. Probable Cause
Distinguishing Between Reasonable Suspicion and Probable Cause
Law enforcement officers rely on two key legal thresholds to justify stopping and questioning individuals: reasonable suspicion and probable cause. Understanding the distinction between these terms is crucial for protecting citizen rights and ensuring effective law enforcement.