What is the difference between probable cause and reasonable suspicion?
Probable cause and reasonable suspicion are two different legal standards used by law enforcement officers to justify the search and seizure of someone’s property or person. These standards of proof are necessary for an officer to have the power to make an arrest, conduct a search, or issue a traffic ticket. In Indiana, the law requires law enforcement officers to have probable cause to search and seize a person’s property or to make an arrest. Probable cause is the higher standard of proof which requires facts that would justify a reasonable belief that a person has committed a crime or is in possession of evidence of a crime. For example, an officer may have probable cause to conduct a search if they have seen a person trying to hide a weapon or if they have witnessed a person commit a crime. Reasonable suspicion on the other hand is a lower standard of proof which requires facts or circumstances that would lead an officer to believe that a person may be involved in some criminal activity. For example, an officer may have reasonable suspicion to stop and question someone if they have seen someone driving erratically or if they have witnessed someone showing suspicious behavior. Reasonable suspicion does not provide the officer with the power to search or seize a person’s property, but it does provide the officer enough evidence to ask questions and take other steps to investigate the situation.
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