Why did we abandon the term "probable cause" when talking about "reasonable suspicion"?

Question

Isn't "reasonable suspicion" just another level of probable cause? I mean you have probable cause to search which is less than probable cause for an arrest, so why don't we just call "reasonable suspicon" probable cause which is less than the probable cause needed to search? It's just another level to describe the amount of evidence needed to justify an action, and in this case, evidence that's less than the evidence needed to search, right? So it would look like this:

prob. cause --> temp. detention --> prob. cause --> search --> prob. cause --> arrest.

Or am I missing something?

Answer 1

Here's a simple breakdown of the difference.

Resonable suspicion would be applicable to say a traffic stop where I ran a plate on a car and ran the owner's infomation and found that he/she did not have a valid Lic. In that event, it's reasonable to suspect that the vehicle owner is driving their own vehicle.

Probable cause is a higher standard in which particular observations, situations that can be articulated or are based on established facts that would lead an Officer to believe that a crime is, has or will be committed. Such as responding to an burglar/robbery alarm and observing the above vehicle leaving the immediate area and observing that it matched the description given by dispatch.

Answer 2

Good question. To keep it simple, probable cause is basically the total amount of evidence to have a reason to search someone or get a warrant. Probable suspicion is more of the "probability" side. EX.- PA now only requires probable suspicion to stop someone for DUI. Watching someone come out of a bar and leave in a vehicle is enough probable suspicion. I believe it was changed for some circumstances (supposed to be for legitimate investigation work) to help law enforcement have the ability to crack down on crime. It still doesn't apply for obtaining arrest warrants, search warrants, etc.

Answer 3

The definition of reasonable suspicion is this: Facts and circumstances which when viewed collectively would cause a reasonable police officer to SUSPECT...

The definition of probable cause is this: Facts and circumstances which when viewed collectively would cause a reasonable police officer to BELIEVE...

Suspect is equivalent to a person telling our dispatch that a person with a certain description which matches a person involved in a crime is at a certain location. We can therefore stop and ask questions. No arrest can be made at this point.

Probable cause is equivalent to a domestic disturbance situation in which one partner says they did not strike the other, and the scratches or other marks lead us to believe otherwise; therefore an arrest can made.

R/S is not a level of PC. It is a lesser step in the chain of evidence.

We did not abandon PC, but we cannot make an arrest soley on R/S.

Answer 4

They are not the same thing.

To keep it simple reasonable suspicion is that for some reason you think or suspect that a person did something.

Probable cause is when you believe the person probably did do it based on what ever.
It takes more to prove probable cause than reasonable suspicion. You can arrest someone with probable cause, you can't with reasonable suspicion.

I hope that makes sense.

Answer 5

There are some very good answers above.
Please remember that the legal term reasonable goes way back in law.
It means what a reasonable (meaning sane, normal, you know like the guy next door not the crank across the street) person would believe is suspicious by the totality of observed information.

Answer 6

Becky we are directly to unusual issues speaking lower back,lol,so if a poptart began speaking,i could think of my spouse positioned something in my Tea,lol,so take care my candy chum,i'll observe what i drink to any extent further,lol,

Answer 7

Suspicion is, we think his person did it. In other words, we suspect!
Probable Cause is, we think they had a reason to do it.