What’s the Difference?
In criminal law, two standards often come up when talking about police stops and searches: probable cause and reasonable suspicion. While they may sound similar, they are very different in what they allow an officer to do—and understanding the difference can help you protect your rights.
What Is Reasonable Suspicion?
Reasonable suspicion is the lower standard of the two. It allows officers to briefly stop and ask questions of someone if there are specific, articulable facts suggesting criminal activity may be happening or about to happen. It cannot be based on a mere hunch, but it also doesn’t require the level of proof needed for an arrest.
A Terry stop—named after the U.S. Supreme Court case Terry v. Ohio (1968)—is the most common example. In a Terry stop, an officer can:
- Briefly detain you to ask questions and investigate further;
- Conduct a limited pat-down (frisk) of your outer clothing, but only if the officer reasonably believes you may be armed and dangerous.
The key point: reasonable suspicion justifies a temporary detention, not an arrest. It is meant to allow officers to confirm or dispel their suspicions quickly.
Example: An officer sees someone pacing nervously outside a closed store late at night, glancing around as if checking for witnesses. The officer may briefly stop the individual to ask questions, since those observations could reasonably suggest attempted burglary.
What Is Probable Cause?
Probable cause is a higher standard. It requires facts and evidence that would lead a reasonable person to believe that a crime has been committed and that the suspect is involved. Probable cause is necessary for:
- Making an arrest
- Conducting a full search of a person or property
- Obtaining a warrant from a judge
This standard is written into the Fourth Amendment of the U.S. Constitution to protect citizens from unreasonable searches and seizures.
Example: If during a traffic stop an officer sees drugs in plain view on the passenger seat, that provides probable cause to arrest the driver and search the car.
Why the Difference Matters
The difference between these two standards is more than just legal jargon—it can decide whether evidence is admissible in court.
- If police go beyond what reasonable suspicion allows (e.g., conducting a full search without probable cause), any evidence they collect may be thrown out.
- If an arrest is made without probable cause, the entire case could collapse due to constitutional violations.
Why You Need an Attorney
Many clients face charges because officers mishandle reasonable suspicion or probable cause. With skilled representation, these charges can often be reduced or dismissed. Don’t risk your future with inexperienced lawyers—trust our proven team for a strong and effective defense. Call the attorneys at Stephen G. Rodriguez & Partners at (213) 481-6811 to schedule an in-person free consultation.