What is the difference between mere suspicion and reasonable suspicion

Reasonable suspicion is the first and most foremost standard in criminal procedures. If a police officer has reasonable suspicion that a crime has been committed, is being committed or will be committed, they may frisk and detain a suspect for a short period of time.

From there, they may arrest, search or issue a warrant to someone as long as probable cause exists. Probable cause is a practical, nontechnical standard that must be met before the police arrest someone. Since the Constitution does not define probable cause, courts often have a flexible approach to interpreting the term. The person gets into their car and drives slowly down the street until they nearly rear-ended a car stopped at a red light.

Supreme Court ruled in that law enforcement officials can briefly detain someone if they have reasonable suspicion that a crime has been committed, is being committed, or is about to be committed.

The Fourth Amendment to the U. Constitution guarantees every American citizen has a right to freedom from unreasonable searches and seizures and that probable cause must first be established before obtaining a search warrant.

Probable cause gives law enforcement officials the right to obtain a warrant, make an arrest, or search a person or property. The main difference between probable cause and reasonable suspicion is that probable cause means there is concrete evidence of a crime and that any reasonable person might suspect criminal activity. In contrast, reasonable suspicion occurs when any reasonable officer might suspect a crime.

With all this evidence, the officer has probable cause to make a DUI arrest. Thus, probable cause is left to the courts. The courts have established that probable cause is a higher standard than reasonable suspicion. Probable cause means that the police officer not only has a suspicion that a crime has been or is being committed, but that the police officer also has actual knowledge that the crime has been or is being committed. The legal terms used in your case are important. If a police officer acts without reasonable suspicion in a situation that requires it or without probable cause in a situation that requires it, this could be used as part of your legal defense.

Because you may face jail time, significant fines, and a permanent criminal record, you need experienced Virginia criminal defense lawyers to raise all the possible defenses in your case.