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do not require reasonable suspicion or probable cause as long as a reasonable person would feel free to leave or decline to speak with the police Reasonable Suspicion Consensual Encounter Probable Cause Exigent circumstances

Pergunta

do not require reasonable suspicion or probable cause as long as a
reasonable person would feel free to leave or decline to speak with the police
Reasonable Suspicion
Consensual Encounter
Probable Cause
Exigent circumstances

do not require reasonable suspicion or probable cause as long as a reasonable person would feel free to leave or decline to speak with the police Reasonable Suspicion Consensual Encounter Probable Cause Exigent circumstances

Solução

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LuizProfissional · Tutor por 6 anos

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In the context of police interactions, it's important to understand the different levels of encounters and the legal standards that apply to each:<br /><br />1. **Consensual Encounter**: This is an interaction between police and an individual where the person feels free to leave or decline to speak with the officers. During a consensual encounter, police do not need reasonable suspicion or probable cause. The key factor is that a reasonable person would feel they have the freedom to walk away from the interaction.<br /><br />2. **Reasonable Suspicion**: This is a standard used in situations like stop-and-frisk. It requires that police have specific and articulable facts suggesting that a person is involved in criminal activity. Reasonable suspicion is a lower standard than probable cause but allows for temporary detention and limited searches (e.g., pat-downs for weapons).<br /><br />3. **Probable Cause**: This is a higher standard than reasonable suspicion and is necessary for obtaining warrants or making arrests. Probable cause exists when there is a fair probability that a crime has been committed and that the person being arrested is responsible for it.<br /><br />4. **Exigent Circumstances**: These are situations that justify a warrantless search or seizure because waiting to obtain a warrant would either endanger life, allow a suspect to escape, or lead to the destruction of evidence. Exigent circumstances require a pressing need for immediate action.<br /><br />Each of these concepts plays a crucial role in balancing law enforcement duties with individual rights under the Fourth Amendment.
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