What is the difference between probable cause and reasonable suspicion?
Probable cause and reasonable suspicion are both used when determining whether an individual should be taken into custody. Probable cause is a legal concept used to establish whether a police officer has enough evidence or facts to believe that a crime has been committed. This requires specific and articulable facts. Reasonable suspicion, on the other hand, is a lower standard of proof and is used to justify investigative detentions or stops. This requires an officer to have a reasonable belief that a person has committed or is about to commit a crime. In Washington, probable cause must be established by clear and convincing evidence in order to authorize an arrest. In contrast, reasonable suspicion is a less demanding standard that requires only a reasonable basis to believe that criminal activity is occurring. In other words, reasonable suspicion must present more than a hunch or a gut feeling, but does not have to reach the same level of evidence that probable cause does. When it comes to criminal procedure in Washington, probable cause is used when determining whether someone should be arrested and charged with a crime, while reasonable suspicion is used to determine if a police officer may conduct a search or make an investigative stop. Probable cause is a higher standard of proof, requiring specific and credible information, whereas reasonable suspicion is a lower standard, requiring only a reasonable basis to believe that criminal activity is occurring.
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