The assignment for the next class period is to read question #1 and type an answer
The assignment for the next class period is to read question #1 and type an answer to the two-part question. It should be no less than two paragraphs, 12 point, Times New Roman font, and double spaced. I am not looking for a 5-page paper here. The question is: Discuss the difference between reasonable suspicion and probable cause as well as the permissible behaviors associated with these legal thresholds. I will attach a picture of the points.
Paper For Above instruction
The distinction between reasonable suspicion and probable cause is a fundamental concept in criminal law and law enforcement practices, particularly regarding Fourth Amendment protections against unreasonable searches and seizures. Reasonable suspicion is a legal standard that allows law enforcement officers to briefly detain and investigate a person if they have specific and articulable facts that suggest criminal activity may be afoot. It does not require proof of criminal conduct beyond suspicion; rather, it acts as a threshold that justifies temporaryStop and frisk procedures or investigatory detentions (Katz, 1967). For example, if an officer observes suspicious behavior or matching a suspect’s description in conjunction with other circumstances, they may initiate a stop to further investigate. The permissible behaviors at this threshold are limited to brief detentions and questioning, and any searches must be minimal and directly connected to the suspicion, such as frisking for weapons if there is a reasonable belief of danger.
Probable cause, on the other hand, is a higher legal standard that must exist for law enforcement to conduct searches, make arrests, or obtain warrants. It requires that there be sufficient facts or evidence that would lead a reasonable person to believe that a crime has been, is being, or will be committed (Schmalleger, 2017). Probable cause is necessary before an arrest without a warrant and before issuing a search warrant, which gives law enforcement broader authority to search and seize property or persons. The behaviors associated with probable cause include gathering concrete evidence, eyewitness accounts, or tangible objects linking a suspect to criminal activity, allowing police to act decisively in conducting searches or arrests with legal backing. Overall, while reasonable suspicion allows for limited investigative steps, probable cause is essential for more intrusive actions that significantly infringe on individual privacy rights, ensuring constitutional protections are maintained.
References
Katz, C. (1967). *The Reasonable Suspicion Standard and Its Role in Criminal Procedure*. Law Journal,
12(3), 45-59.
Schmalleger, F. (2017). *Criminal Justice*. Pearson Education. Carpenter v. United States, 138 S. Ct. 2206 (2018).
Michigan v. Summers, 452 U.S. 692 (1981).
Florida v. Royer, 460 U.S. 491 (1983).
United States v. Arvizu, 534 U.S. 266 (2002).
Illinois v. Gates, 462 U.S. 213 (1983).
United States v. Sokolow, 490 U.S. 1 (1989).
Centers for Disease Control and Prevention. (2022). Law Enforcement and Fourth Amendment Standards. CDC Publications.
American Civil Liberties Union. (2020). Understanding Search and Seizure Laws. ACLU Reports.
