Prior to beginning work on this discussion, read Fourth Amendment: Search and Seizure (Links to an external site.), The Difference Between the 5th and 6th Amendment Right to Counsel (Links to an external site.), Probable Cause and Reasonable Suspicion (Links to an external site.), Saul Ornelas and Ismael Ornelas Ledesma, Petitioners v. United States (Links to an external site.), and Pre-Trial Motions (Links to an external site.).
Knowing the distinctions between reasonable suspicion and probable cause are essential, foundational aspects of criminal justice, just as mens rea and actus reus were in your studies last week. Reasonable suspicion is an objective belief by an officer that an investigation needs to be conducted into a potential crime. Probable cause is the standard required for arrest. Keep these distinctions clear in this week’s presentations and in your criminal justice career. Support your responses with credible sourcing, either from the required readings this week, or from independent research that you conduct in the University of Arizona Global Campus Library or online, and properly cite any references.
Two commonly confused concepts in criminal law are reasonable suspicion and probable cause. In your initial post of 300 words:
- Define and evaluate both of these significant legal terms, and utilize pertinent U.S. Supreme Court opinions to justify your answers.
- Address what happens in court to a criminal case when an officer does not possess reasonable suspicion or probable cause