What is the difference between probable cause and reasonable suspicion?
Probable cause and reasonable suspicion are two important terms used in criminal procedure in Massachusetts. The difference between the two is the level of proof required in order to take certain actions. Probable cause is the level of proof required to make an arrest. In order for an arrest to be made, the arresting officer must have evidence that would lead a reasonable person to believe that a crime was committed and that the person in question was responsible for it. This requires a higher level of evidence than reasonable suspicion. Reasonable suspicion is the level of proof required in order to conduct certain investigative procedures. Reasonable suspicion requires significantly less evidence than probable cause and is often used to justify searches or detainment of suspects. Reasonable suspicion requires that the investigating officer has an articulable suspicion that a person is involved in criminal activity, but the evidence may be less direct than what is required for probable cause. In summary, probable cause is the higher standard of evidence required to make an arrest, while reasonable suspicion is the lower standard of evidence required for investigative procedures.
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