Reasonable suspicion is the lower level of suspicion where an individual of sound mind is suspecting that a crime happened, is happening, or will happen. With this level of suspicion, the person suspecting the crime will not provide evidence to support his/her claims. For example, a police officer will utilize the training and experience he/he has to determine a reasonable suspicion considering the circumstances or the facts of the situation. Reasonable suspicion is seen to be more than a guess as the person raising the suspicion will have some circumstances to base his/her claims 1 . Reasonable suspicion is needed in various circumstances in the society. For example, the police will need reasonable suspicion for them to stop and question an individual whom is treated as a suspect. Police officers can proceed to search the person if they are suspecting to possess weapons, illegal drugs or any other illegal property.
Probable cause is a higher suspicion where an individual of a sound mind logically believe that crime happens is happening or will happen based on the facts or circumstances tabled by the person reporting the suspicion. Before any action is taken, the claims raised by an individual in the probable cause should be proved. For example, a police officer should have certain facts about claims of a crime before making an arrest or issuing a search warrant 2 . The evidence that necessitates the arrest or issuance of a search warrant is contained in the probable cause. Probable cause will prove that a crime occurred, is occurring, or is likely to occur. Additionally, the probable cause might help to understand whether the suspect is of sound mental capacity, capability, and opportunity to commit the crime under investigation. The two interests that the probable cause balances are the private and governmental interests. The two interests are touching the same groups of people in the society, which makes the probable cause to balance.
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References
Cretacci Michael A. Supreme Court Case Briefs in Criminal Procedure. Rowman & Littlefield, 2008
Kanovitz, Jacqueline R. Constitutional Law for Criminal Justice. Routledge, 2015
1 Kanovitz, Jacqueline R. Constitutional Law for Criminal Justice. Routledge, 2015, 104
2 Cretacci Michael A. Supreme Court Case Briefs in Criminal Procedure. Rowman & Littlefield, 2008, 21
