Reasonable Suspicion vs. Probable Cause: Different Standards Applicable to Different Situations

“Reasonable suspicion” and “probable cause” are two legal terms of art that apply to criminal and quasi-criminal situations. Both refer to a law enforcement officer’s mental state when they want to search you or your property, especially without a warrant, or arrest you.

It likely will surprise you to learn that neither term has a precise definition. Instead, both theories rely on the circumstances and what a reasonable officer, based on their training and experience, would believe.

In general, reasonable suspicion means that the officer has one or more reasons to objectively believe, based on their observations, that someone has committed, is committing, or is about to commit a crime. In other words, the officers cannot rely on a mere hunch, nor can they allow bias to influence them. Something about the person’s behavior must be objectively suspicious.

In general, probable cause means that officers have knowledge of facts or circumstances that lead them or any trained and experienced officer to believe that the suspect is committing or has committed a crime or possesses evidence of a crime. The burden of proof for probable cause is higher than that for reasonable suspicion. However, it is still well below the “beyond a reasonable doubt” standard required to convict someone of a crime.

Keep in mind that both reasonable suspicion and probable cause apply only to government officials, not private individuals. Consequently, your employer needs neither in the event they wish to search your desk, locker, or other personal belongings for illegal drugs or anything else.

Reasonable Suspicion Examples

Reasonable suspicion often arises in investigative situations. For instance, if an officer spots one of your tail lights out at night, they have reasonable suspicion to pull you over for a potential traffic violation.

However, that suspicion only justifies the stop, not a search of your vehicle. Without additional evidence or your permission, the officer can’t look for drugs or other illegal items based purely on a hunch. There’s an exception: if the officer sees contraband in plain view, like through a window or an open door, this gives them probable cause to search without a warrant.

Now, imagine an officer observes you handing an envelope to someone in a dark alley. This scenario could give them reasonable suspicion to stop you both and conduct a quick pat-down if they see something suspicious, like a bulging pocket. Reasonable suspicion allows officers to perform limited stops and frisks based on what they observe.

Probable Cause Examples

The Fourth Amendment to the U.S. Constitution guarantees your right to remain free from unreasonable searches and seizures by government officials. No hard-and-fast definition exists for what constitutes an “unreasonable” search or seizure. However, courts have consistently held that most warrantless searches and seizures are unreasonable.

There are a few exceptions to this norm, the most common being pressing circumstances. These are situations in which officers reasonably believe that only by prompt action can they prevent harm to themselves or a bystander, the destruction of evidence, the suspect’s escape, etc.

In virtually all other situations, the officer must go before a judge and request a warrant for the search or seizure. This includes arrest, of the thing or person they want to search or seize. They must explain to the judge why such a search or seizure is reasonable. In most instances, the officer must also give the judge a written affidavit. It must include the knowledge or other factors that outline the probable cause for the search or seizure.

A judge always makes the final decision as to whether or not the officer has probable cause to conduct the search or arrest the person. If the judge agrees that the officer has probable cause for the requested arrest, they issue an arrest warrant. If the judge agrees that the officer has probable cause for the requested search, they issue a search warrant that exactly specifies what will be searched and what items may be seized if found.

When and Why To Contact a Lawyer

You should never argue with an officer regarding the legality of their search or seizure of you or your property. This is true even when you believe that search or arrest is illegal. If you do, you likely will find yourself facing charges of interfering with an officer or resisting arrest in addition to whatever other charges you face.

Do you believe you’ve been victimized by law enforcement officers who had no valid reason to suspect your participation in a crime or had no probable cause to search your home or other property or arrest you, even with a warrant? In that case, you should strongly consider contacting an experienced local criminal defense lawyer immediately.

Your attorney’s investigation may bring evidence to light that the officers’ actions were unreasonable or went above and beyond what the warrant allowed them to search and seize. If so, they can challenge the search or seizure in court. Your attorney’s arguments can create reasonable doubt in the mind of the judge that the officer’s actions were legal. The judge can then throw the evidence out of court. This means that the prosecutor cannot use it to convict you at your trial.

Work With an Experienced Local Lawyer

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About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.