What is the difference between probable cause and reasonable suspicion?
Probable cause and reasonable suspicion are similar legal concepts related to criminal procedure in Delaware. However, they can also be distinguished from one another. Probable cause is a legal standard used in Delaware that requires a law enforcement officer to have facts and/or evidence that would lead a reasonable person to believe that a crime has been committed and that a certain person has committed it. In other words, probable cause is a reasonable belief that a specific person has committed a crime. Reasonable suspicion is a lesser standard than probable cause. It requires law enforcement officers to have facts and/or evidence that would lead a reasonable person to believe that a person has been, is, or is about to participate in criminal activity. To put it differently, there must be facts and/or evidence that suggests criminal activity is afoot. In summary, the main difference between probable cause and reasonable suspicion is that the former requires proof that a specific individual has committed a crime while the latter requires proof that criminal activity is afoot. In both instances, the law enforcement officer must have facts and/or evidence to support their stance.
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