What It Means to Be Arrested on Suspicion of a Crime
In Oklahoma, police may arrest someone on suspicion of committing a crime. Arrested on suspicion is different than reasonable suspicion. Reasonable suspicion and probable cause are standards of proof that police must establish before taking certain actions.
Arrested on Suspicion
Police often use the term “arrested on suspicion” of committing a crime when they have probable cause to arrest someone for doing something criminal. This does not mean the police have proven that the person committed the crime. Nor can police arrest you just for doing something suspicious. When you get arrested, they have to think you violated the law.
People may get arrested on suspicion because police did not directly observe them committing a crime but have good reason to think that they did. For example, someone could be arrested on suspicion of possession because police saw him hide a baggie in a drawer, and when the police opened the baggie it smelled like marijuana. The prosecutor will have to show that the arrested person placed the baggie in the drawer. In contrast, if police search someone and find a baggie of marijuana in his pocket, he may be arrested for possession (not just suspicion).
Why Arrested on Suspicion Is Different than Reasonable Suspicion
Police must have reasonable suspicion to stop, question, or detain someone. Reasonable suspicion is a standard of proof. Police can establish reasonable suspicion by the totality of the circumstances, meaning all the events leading up to the detention. For example, police could detain someone they saw throwing baggies out a car window because they have a reasonable suspicion that the person was disposing of drugs. However, the facts leading to reasonable suspicion vary in every case.
So What Is Probable Cause?
Probable cause is another standard of proof. To arrest someone on suspicion of a crime (instead of just detaining them because they have reasonable suspicion), police must have probable cause. Showing probable cause requires more than just a reasonable suspicion. It requires a reasonable basis for believing that a crime was committed. Police also need probable cause to do a search or receive a warrant.
Have you been arrested on suspicion of committing a drug crime in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, defends Oklahomans accused of drug-related offenses and DUIs. He has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.