Probable cause in criminal law is a requirement in the law that before a police arrests someone, seize property or conduct a search, the police must have satisfactory reason in relation to the alleged crime. Probable cause is hence a logical belief that is in support by circumstances and facts that a crime will be committed, is being committed or has been committed.

Reasonable suspicion is a legal specification which gives the police an authority to briefly detain someone for the purpose of investigation and also frisk the outside of their clothing in search for weapons but not drugs. The standards for reasonable suspicion demands for circumstance sand facts that make a reasonable person to believe that a suspect will commit, has committed or is committing a crime. Reasonable crime in most cases is based on the officer’s level of training and experience.

Unreasonable search and seizure is stipulated in the fourth amendment of the U.S constitution which states that every individual has the right for privacy as persons, in houses, for their papers and impacts against unreasonable seizure and search. In a situation where a defendant is arrested the judge must determine whether the search or seizure was reasonable on the basis of presence of the search, whether it was reasonable or whether certain exceptions can be applied that made the search legal. When exception is absent, a search or seizure with or without a warrant that’s not based on probable cause becomes unreasonable.

The difference that arises between probable cause and reasonable suspicion is that for a probable cause there is a concrete evidence of a crime while for reasonable suspicion, a broader interpretation is required. Reasonable suspicion only indicates a chance of a crime committed and can only be used to investigate a suspicious behavior in case a crime has been committed. For example a police applies reasonable suspicion to stop someone for questioning and search for weapons but probable cause must be present for the police to be able to arrest someone or obtain a search warrant.

 
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