Despite the fact that reasonable suspicion and probable cause are common terms in legal circles, they are commonly misused and confused. The two terms have significant impacts on the rights of persons, the outcome of a situation, and are both concerned with the law enforcement officer’s overall impression of the situation. According to Siegel, “reasonable suspicion means that any reasonable person would suspect that a crime was in the process of being committed, had been committed or was going to be committed very soon.” On the other hand, Samaha defines probable cause as “means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed.” The differences in the definitions of the two terms rest of their legal repercussions. Whereas reasonable suspicion does not allow for a search warrant or detention, probable cause is enough to justify search warrant and arrest. Reasonable suspicion is therefore a less strong legal term than probable cause.
Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?
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Academic.Tips. (2020) 'Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance'. 2 May.
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Academic.Tips. (2020, May 2). Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance? https://academic.tips/question/compare-the-definition-of-reasonable-suspicion-with-probable-cause/
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Academic.Tips. 2020. "Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?" May 2, 2020. https://academic.tips/question/compare-the-definition-of-reasonable-suspicion-with-probable-cause/.
1. Academic.Tips. "Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?" May 2, 2020. https://academic.tips/question/compare-the-definition-of-reasonable-suspicion-with-probable-cause/.
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Academic.Tips. "Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?" May 2, 2020. https://academic.tips/question/compare-the-definition-of-reasonable-suspicion-with-probable-cause/.
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"Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?" Academic.Tips, 2 May 2020, academic.tips/question/compare-the-definition-of-reasonable-suspicion-with-probable-cause/.