If you’ve been stopped, questioned, searched, or arrested by police in Maryland, you may be wondering whether law enforcement had a legal reason to detain you in the first place. Many criminal cases involve arguments over whether the police had reasonable suspicion or probable cause to take action. Understanding these legal standards and whether reasonable suspicion is sufficient to make an arrest is crucial to protect your rights. Read on and consult with a skilled Prince George’s County criminal lawyer for more information and legal advice today.
What is Reasonable Suspicion?
Reasonable suspicion is a legal standard that permits police officers to briefly stop or investigate an individual if they reasonably suspect criminal activity may be occurring. This standard can’t be based on hunches, guesswork, or stereotypes, but must be supported by specific facts, observations, and reasonable inferences drawn from the circumstances.
For example, reasonable suspicion can be created by sudden evasive behavior, apparent drug transactions, traffic violations, matching a suspect description, or suspicious conduct in high-crime areas. In some cases, even otherwise innocent behavior may contribute to a finding of reasonable suspicion when combined with other surrounding circumstances.
Reasonable suspicion allows officers to conduct a temporary investigative detention, known as a “Terry stop.” This means police can stop someone without having enough evidence for a full arrest. A Terry stop is a brief investigative stop that must be based on reasonable suspicion and must be strictly limited in both its scope and its duration.
Is Reasonable Suspicion Enough to Make an Arrest in MD?
Generally, no, reasonable suspicion is not enough to make an arrest in Maryland. Reasonable suspicion is a lower legal standard that may justify a temporary stop, brief questioning, and a limited investigation. These investigative stops are, by definition, temporary and limited in scope and duration.
For police to escalate the situation to an arrest, they must have stronger evidence linking the individual to criminal activity. An arrest involves a greater restraint on a person’s freedom, places them in custody, and may lead to formal criminal charges. Therefore, police officers typically need a higher standard known as probable cause, and not merely reasonable suspicion, before they can proceed with an arrest.
What is Probable Cause?
Probable cause is a legal standard that requires police to have enough evidence to reasonably believe that a crime occurred and that the suspect committed it. This standard is a significantly higher legal standard than reasonable suspicion. To determine if probable cause exists, courts look at the “totality of the circumstances,” meaning they review all facts together.
Evidence that can establish probable cause includes reliable witness statements, officer observations, physical evidence, and surveillance footage. It can also be established through a suspect’s admission or confession, or the discovery of drug paraphernalia and other contraband. Police need probable cause to justify making an arrest, as it ensures a greater protection of an individual’s freedom.
