What is the difference between probable cause and reasonable suspicion?
Probable cause and reasonable suspicion are two legal terms used to describe the evidence needed to make an arrest or to conduct a search. Both terms must be established before law enforcement officers can take action. Probable cause is a higher standard than reasonable suspicion. Probable cause means that there is a reasonable belief that a crime has been committed and that the suspect is responsible for the crime. This requires more evidence than reasonable suspicion; for probable cause to be established, there must be facts or evidence that would lead a reasonable person to believe that a crime has been committed. Reasonable suspicion is a lower standard than probable cause. Reasonable suspicion is a belief that a person has committed a crime based on specific facts or circumstances. It requires less evidence than probable cause, and the facts or circumstances do not have to lead to a reasonable belief that a crime has been committed for reasonable suspicion to be determined. In South Carolina, for law enforcement officers to make an arrest, to conduct a search, or to obtain a search warrant, they must establish either probable cause or reasonable suspicion. If probable cause is established, then the officers can conduct a search without a search warrant. If there is reasonable suspicion, then the officers may need a search warrant to conduct a search.
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