What is the standard of proof needed for police to carry out an arrest?

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The standard of proof required for police to carry out an arrest is referred to as "probable cause." This means that law enforcement must have a reasonable belief, based on facts and circumstances, that a crime has been committed or that a particular individual is involved in criminal activity. Probable cause is a lower threshold than beyond a reasonable doubt, which is the standard used in criminal trials to secure a conviction.

In practical terms, probable cause allows officers to act swiftly and efficiently, ensuring public safety while respecting individual rights. The standard of "clear and convincing evidence" is typically applied in civil cases or civil commitments and is not relevant to the criminal arrest process. "Mere suspicion" does not provide sufficient grounds for an arrest, as it lacks the necessary factual basis required to justify such action. Thus, probable cause is essential as it balances the need for law enforcement to act decisively against the importance of individual rights and liberties.

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