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Answer :
Final answer:
Arrests must be based on the standard of probable cause, which requires a reasonable belief that a crime has occurred or evidence is present. This standard is distinct from reasonable suspicion, which may allow for temporary detainment. In criminal trials, the standard is reasonable doubt, but it does not pertain to the arrest process.
Explanation:
Understanding the Standard for Arrest
Arrests, whether with or without a warrant, must always be based on the standard of probable cause. Probable cause refers to the reasonable belief that a crime has been committed or that specific evidence will be found, and this standard is essential for judges when they issue warrants and for police during exigent circumstances.
In contrast, reasonable suspicion is a lower standard that allows police to stop and briefly detain individuals based on specific and articulable facts. For example, in the landmark case of Terry v. Ohio (1968), the Supreme Court held that police could conduct a stop-and-frisk if they have reasonable suspicion that a crime is being, was, or soon will be committed.
While reasonable doubt is a standard applicable in criminal trials to determine guilt (meaning the evidence must convince the jury of the defendant’s guilt beyond a reasonable doubt), it does not apply to the process of arrest.
Thus, the correct standard for an arrest is probable cause, which underscores the balance between law enforcement needs and individual rights.
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