What is required to justify an arrest?

To justify an arrest, probable cause is the essential standard required. Probable cause exists when law enforcement officers have sufficient facts and circumstances within their knowledge to warrant a reasonable belief that a crime has been committed and that the person to be arrested is implicated in that crime. This threshold is higher than reasonable suspicion, which is merely enough to initiate an investigation or stop a person for questioning, but not sufficient to make an arrest.

In practical terms, probable cause is typically based on evidence that can include witness statements, physical evidence, or observations made by the officer. This legal standard is rooted in the Fourth Amendment, which protects against unreasonable searches and seizures, ensuring that arrests are not made arbitrarily.

The other options indicate lower thresholds that do not suffice for an arrest. While reasonable suspicion may facilitate stops or searches, it does not equate to the necessity for an arrest. Likewise, while evidence of a crime is crucial, it must meet the probable cause standard to justify an arrest. Consent from the individual can allow for different investigative actions but is not a requirement for making an arrest. As such, probable cause remains the critical and foundational requirement for lawful arrests in criminal procedure.