If a law enforcement officer has stopped you, searched your property, or arrested you, you may wonder whether they conducted these procedures legally. Well, under federal and state criminal statutes, there are standards known as probable cause and reasonable suspicion. Though you may assume they can be used interchangeably, they mean two totally separate things in the context of your incident. Without further introduction, please follow along to find out the difference between probable cause and reasonable suspicion and how one of the proficient Bergen County criminal defense attorneys at McNerney & McAuliffe can help you understand why this matters when exercising your legal rights.
What is the difference between probable cause and reasonable suspicion?
On the one hand, reasonable suspicion may mean that a law enforcement officer is made aware of specific facts that suggest a criminal activity may be occurring. In other words, it is more of an initial gut feeling, so to speak. For example, an officer may think you match a certain suspect description, they witnessed you in a hand-to-hand exchange, they saw you conduct reckless driving behavior, etc.
On the other hand, probable cause may mean an officer has enough evidence to reasonably believe that a crime has occurred, and that you were an involved party. And so, such sufficient evidence may justify more significant action being taken on their part. So, instead of simply seeing a hand-to-hand exchange, an officer may have probable cause if they spotted illegal drugs in plain view. Or, instead of observing reckless driving behavior, they may collect subsequent proof of failed breathalyzer and field sobriety tests.
Can a police officer stop and arrest me without probable cause?
If a law enforcement officer stops you and subsequently places you under arrest, you may wonder whether they are allowed to initiate these actions without the additional evidence required by the probable cause standard. Well, to address the first part, an officer does not need probable cause to stop you. From here, an officer may initiate a short investigative detention only with reasonable suspicion of your criminal activity.
Of note, detention is different than an arrest. The former is temporary and limited, while the latter is a full seizure of your freedom. With that being said, in most situations, an officer must have probable cause to arrest you. The evidence found during your stop may be enough for them to justify this, such as your accidental admission of guilt, statements made by eyewitnesses, tips by credible informants, their personal observations of the scene, etc.
Needless to say, if you have been arrested for a crime you believe you did not commit, the time to act is now. Please prioritize scheduling an initial consultation with one of the talented Bergen County criminal defense attorneys from McNerney & McAuliffe. We can help you identify flaws in an arresting officer’s probable cause and ultimately challenge the evidence submitted against you. In the end, we would be honored to represent you in your legal case.