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Differences Between Reasonable Suspicion & Probable Cause

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    Probable Cause

    • Probable cause is the logical belief, supported by facts and circumstances, that a particular person has committed a crime.

    Reasonable Suspicion

    • Reasonable suspicion is known as a reasonable presumption that a crime has or will occur. Reasonable suspicion is reached through rational conclusions based on facts or circumstances. This is also referred to as more than a guess but less than probable cause.

    Arrests and Stops

    • Probable cause is needed for police to make an arrest. A police officer, however, only needs reasonable suspicion to stop a person and question him.

    Searches

    • In order to convince a court to issue a search warrant, law enforcement officials must show probable cause. Police officers, however, are allowed to search for weapons when they stop a person, if they have reasonable suspicion that the person is armed or there is a clear and imminent danger of bodily harm.

    Basic Distinction

    • Probable cause is a term used when there is concrete evidence showing a crime has been committed. Reasonable suspicion is a more loosely defined term and is used to justify investigation into suspicious activity when there is a belief that a crime has been committed.

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