Understanding the difference between probable cause and reasonable suspicion is crucial for anyone facing a potential encounter with law enforcement. While both are legal standards used by police, they apply to different situations and require varying levels of evidence. This distinction determines whether an officer can briefly detain you or proceed with a full arrest. Continue reading and work with an experienced Pottstown criminal defense lawyer for skilled representation during your case.
What’s the Definition of Probable Cause?
Probable cause is a legal standard that provides the grounds for a police officer to make an arrest, conduct a search, or obtain a warrant. It requires the officer to have facts and circumstances that would lead a reasonably prudent person to believe that a crime has been committed and that the person being arrested committed it, or that evidence of a crime exists in the place to be searched.
For instance, if a police officer is patrolling a residential neighborhood and sees a person quickly exiting a jewelry store with a handful of items while the store’s alarm is going off, the officer may have probable cause to believe a theft occurred and to make an immediate arrest.
What’s the Definition of Reasonable Suspicion?
Reasonable suspicion is a legal standard that allows a police officer to briefly detain an individual for questioning or a pat-down, known as a Terry stop. This standard requires an officer to be able to produce specific, objective facts and rational inferences that suggest the person may be involved in criminal activity. It cannot be based on only a hunch or a generalized suspicion.
For example, if an officer observes a person hiding an object under their coat immediately after a store’s window is broken, and the person then quickly walks away, the officer would have reasonable suspicion to briefly stop and question that individual regarding the incident.
Do Police Need Probable Cause or Reasonable Suspicion to Make an Arrest in PA?
The legal standard required for police to make an arrest in Pennsylvania is probable cause. Unlike a brief stop-and-frisk, which requires only reasonable suspicion, a full custodial arrest under Pennsylvania law and the Fourth Amendment of the U.S. Constitution must be supported by probable cause. This means police cannot take a person into custody simply based on a hunch or suspicion that falls short of the probable cause threshold. An arrest made without probable cause is considered unlawful.
If you believe you were arrested without probable cause, it is crucial to remain silent and politely but firmly state that you wish to speak with an attorney. Do not resist the arrest, even if you believe it is unlawful, as this can lead to additional charges. Your attorney will be able to review the facts of the arrest and challenge the lack of probable cause in court to have any resulting charges dismissed or evidence suppressed. Reach out to a skilled attorney today for more information.
