What is the burden of proof required for an arrest?

The burden of proof required for an arrest is known as probable cause. This standard means that law enforcement officers must have sufficient reason based on factual evidence or reliable information to believe that a crime has been, is being, or will be committed by the person to be arrested. Probable cause is essential in safeguarding individuals' rights against unlawful arrests and ensuring that officers act on adequate evidence rather than mere speculation or hunches.

In the context of law enforcement, probable cause is a higher standard than reasonable suspicion; it requires a more substantial basis for making an arrest. Reasonable suspicion allows officers to stop and briefly detain a person for questioning if they have a reasonable belief that criminal activity is afoot, but it is not enough to justify an arrest. Preponderance of the evidence and clear and convincing evidence are standards typically used in civil cases and other types of legal proceedings, rather than in the context of making an arrest.