What is the difference between probable cause and reasonable suspicion?

Probable cause and reasonable suspicion are two concepts often used in criminal procedure in New York and elsewhere. Probable cause refers to a legal standard that must be met before an officer can take an action such as making an arrest, obtaining a search warrant, or stopping someone for questioning. In order for there to be probable cause, the facts and circumstances must lead a reasonable person to believe that a crime has been committed or is about to be committed by the person being suspected. On the other hand, reasonable suspicion is a less stringent standard than probable cause. Reasonable suspicion exists when an officer has specific, articulable facts that would lead them to believe that criminal activity is afoot and that the person they are questioning is involved with the criminal activity. Reasonable suspicion is enough to justify a temporary detention and limited search of the person. Ultimately, the main difference between probable cause and reasonable suspicion is that probable cause requires a higher standard of evidence in order for an arrest or search to occur, while reasonable suspicion is a lower standard that requires less evidence than probable cause.

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