Criminal Defense Basics – Do you know the difference between reasonable suspicion and probable cause? 

Probable Cause vs. Reasonable Suspicion – What is the difference?

Our criminal defense law firm represents client charged with crimes in Pennsylvania and New Jersey.  While our office is located in Moorestown, New Jersey, we serve clients in both jurisdictions.  By far, the most important concept that we need to explain to client and their families is probable cause and reasonable suspicion.  The terms are often used interchangeably but they are different and that difference is very important to your criminal defense. It could determine if charges are dismissed prior to trial. Criminal charges are the result of investigations. Even those charges that start with an anonymous tip are investigated by police before the district attorney’s or a prosecutor’s office decides to bring charges against a person.

What is probable cause and why is it important? 

Before obtaining a warrant or arresting someone, police must have probable cause, the requirement that protects a person’s Fourth Amendment right against illegal search and seizure (the arrest). Probable cause exists when the facts and circumstances within the police officer’s (or another law enforcement official’s) knowledge are sufficient enough that a reasonable person would believe that the person arrested or searched was committing or had committed a crime.  Pennsylvania and New Jersey maintain protections against illegal search and seizure within their own Constitutions

While police need probable cause to arrest, police and other law enforcement need only reasonable suspicion to start an investigation.  Reasonable suspicion is just a lower form of probable cause.  Police also only need reasonable suspicion to conduct a canine search (drug dog) of persons and or property (luggage, vehicles)

Both probable cause and reasonable suspicion ask whether a reasonable person in the officer’s position would act on the information. Courts use all evidence available or what is called a “totality of the circumstances” analysis to determine if either probable cause or reasonable suspicion exists.

Burden of proof and probable cause

Keep in mind that the standards for probable cause and reasonable suspicion are much less than what is needed to convict a person of a crime—guilt beyond a reasonable doubt. Probable cause authorizes a more severe intrusion, and therefore, law enforcement must meet a higher standard than reasonable suspicion. Probable cause is a fair probability or a reasonable ground that a crime was committed or is being committed.
While reasonable suspicion requires fewer articulable facts, the officer must still demonstrate that he or she had more than just a subjective belief or hunch. Reasonable suspicion permits the brief stop of a person and may justify limited searches.

Many arrests occur after searches. While there are exceptions, law enforcement officials must usually have a warrant to conduct any search of a person’s home, vehicle or belongings. The establishment of probable cause is crucial to a search warrant because without it, the search violates the Fourth Amendment to U.S. Constitution. Pennsylvania’s and New Jersey Constitutions also contain a provision against illegal search and seizure.  Your criminal defense lawyer should always explain these concepts to you and your family! 

Contact Our Criminal Defense Lawyers in Pennsylvania & New Jersey

Please click here to contact our  criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey,  Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.