Reasonable Persuasion Vs Probable Cause Analysis

Reasonable suspicion is different from probable cause as reasonable suspicion allows an officer to temporarily detain a person if the officer suspects the person of committing a crime, previously committed a crime, or is about to commit a crime. This will allow the officer the time to conduct an investigation that may allow him/her to find the facts that are required to arrest per probable cause. Therefore, reasonable suspicion is thought of to be a hunch

Probable cause is defined as a reasonable belief that a crime has been committed, that evidence is at the place being sear5ched or on the person being searched, or that a specific person is believed to have committed, is committing, or will commit a certain crime. Law enforcement cannot just go to a judge and say they have probable cause for a warrant. To obtain a warrant law enforcement needs something to substantiate their belief. The standard for probable cause to be met is for any reasonable person to believe based on the evidence or observations presented that indeed either a suspect has or is engaging in criminal activity, or that evidence exists at a certain location. Not all searches require probable cause to be established. The exception to the probable cause is reasonable suspicion. An example of this is a customs search. A custom search requires no warrant or probable cause be presented. But if a custom agent is going to detain a traveler for an extended

Stop & Frisk- if the police officer has reasonable suspicion that a criminal act took place or is about take place he can search the suspect. If the police officer believes they are arm and dangerous. It is a bit less serious than probable cause. An example can be Johnny is walking down the street with a set of pliers in his

It is true that reasonable suspicion is not probable cause to elicit some sort of a reaction for something or for someone but

This comprises of indirect evidence which aids in detection of crime while not fully proving it. The probable cause sources are enough in some cases while for others further information or evidence needs to be provided. If the judge wants to issue search warrants, then the probable cause must highlight that the person got involved in criminal activity and the crime has taken place.

A probable cause is established at the time of a preliminary hearing or preliminary examination. The hearing judge decides whether there is a combination of facts and circumstances that would encourage a reasonably intelligent person to believe that he or she should commit a crime. A probable cause must be examined from different angles in order to closely understand the mind of a person with non-criminal background. Those with a non-criminal background are exposed to committing crimes regardless of how clean their criminal record might look. Usually, the jury’s determination of a probable cause impacts the final decision of the case and how serious the law breaker’s punishment will be.

The issue lies within the interpretation of what constituents reasonable grounds, as it is a subjective suspicion that can be interpreted differently by individual police officers and forces (Bowling and Phillips, 2007).

Reasonable suspicion is a reasonable likelihood that a crime has been, is being, or will be committed. It is a reasonable belief based on facts or circumstances and is informed by a police officer’s training and experience. Reasonable suspicion is seen as more than a guess or hunch but is less than probable cause. Probable cause is the logical belief, supported by facts and circumstances, which a crime has been, is being, or will be committed. The difference between the two are the fact that probable cause has evidence or is fact based whereas reasonable suspicion is a hunch.

Some may not know there’s a difference between motive and evidence, but there is. They might seem similar but there different. Motive is a persons’ reason for doing something. For example one of Scott Peterson’s motives was money issues. On the other hand, evidence is the facts indicating a person did something.

Thus, this leaves this determination up to the courts to decide case by case. Probable cause quantitates specific levels of suspicion and is based on facts and prudent belief of guilt, thus allowing a law enforcement officer to perform a warrantless search. Probable cause is more substantial than reasonable suspicion pertaining to the justification for an investigative detention. (Devallis Rutledge, 2010).

Reasonable suspicion could lead to discrimination or racial profiling. Did you hear about what Massachusetts did? The highest court of Massachusetts ruled that African Americans that voluntarily flee from police encounters generally have a reason to do so based on fear. The ruling came into play after a case against a man named Jimmy Warren. The suspect was accused of unlawfully possessing a firearm and evaded the police when he was approached. According to the police officers, there were multiple break-ins that occurred in the neighborhood and the suspect fit the description. Later, the Supreme Judicial Court in Massachusetts ruled that the police should have not stopped the individual because he did not violate any laws and was not guilty

Probable cause is a requirement which can be found in the Fourteenth Amendment that must usually be met before an arrest can be made, before being allowed to conduct a search, seize property, and to receive a warrant which is related to the alleged crime. Probable cause is considered a level of reasonable belief, probable cause must be based on facts and not an assumption. In civil court, a person can be sued if they have probable cause, and in criminal court, the defendant can be prosecuted or arrested if they also have probable cause. If the officer cannot prove probable cause, unfortunately, the evidence then becomes inadmissible, and the evidence will be thrown out.

In some cases, the authorities may arrest you even though you have not committed a crime. When a police have reasonable suspicions (probable cause) that you have violated the law, he has the right to issue a warrant against you. If you are planning to challenge the claim the officer’s claim to probable cause, you will need the assistance of Utah Criminal Defense Attorney.

Two studies were completed to compare the relative effectiveness of attribution strategy with persuasion strategy in changing behavior. The first study was an attempt to teach fifth graders to not litter and clean up after other classmates. The attribution group was told they are neat and tidy, while the persuasion group was told they should be neat and tidy. The results found that attribution was more effective in modifying behavior compared to persuasion. The second study determined if attribution or persuasion is more effective for achievement in math and self-esteem. It also studied whether attribution of ability is as effective as attribution of motivation. This study attributed to second graders to do well in math proved more effective than persuasion or control groups.

In the Ted Talk “We should aim for perfection- and stop fearing failure”, Jon Bowers outlines his argument for perfection. He begins by giving an example of a “small error” that ended up costing Amazon over $160 million dollars. He then lists more examples draws them forward to present his idea of perfection. The examples show how one tiny error can have an enormous impact and he turns to the audience asking “why we cannot achieve perfection?”. He draws the listeners in by giving personal experience in striving for perfection. “Look, a hundred people die everyday due to vehicular crashes. Think about that for a second. That's like the equivalent of four commercial airliners crashing every week, yet we still can't convince ourselves to pay perfect attention behind the wheel. So I teach my drivers to value perfection”. Jon is an educator for professional delivery drivers and has to ensure that they are prepared to handle any and every situation possible.