A good lawyer knows the law; a great lawyer knows the judge.

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Legal Definitions - suspect

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Simple Definition of suspect

A suspect is an individual believed to have committed a crime but who has not yet been found guilty. They possess constitutional rights, including protection from unlawful arrest under the 4th Amendment and the right against self-incrimination, requiring a Miranda warning during custodial interrogation, under the 5th Amendment.

Definition of suspect

A suspect is an individual whom law enforcement authorities believe may have committed a crime or been involved in a criminal act. At this stage, the person has not been formally charged with an offense, nor have they been found guilty by a court. Being identified as a suspect means they are under investigation, and while they are subject to police inquiry, they are also afforded specific legal rights and protections under the law.

  • Example 1: Witness Identification
    After a jewelry store robbery, a security guard provides police with a detailed description of a person seen fleeing the scene. When officers locate an individual matching that description a few blocks away, that person becomes a suspect in the robbery. This illustrates the term because the individual is believed to have committed the crime based on witness testimony, but has not yet been arrested or charged.

  • Example 2: Forensic Evidence
    During an investigation into a home invasion, detectives discover a unique shoe print outside a broken window. When a person is later found with shoes matching that specific print, they are identified as a suspect. Here, the forensic evidence links the individual to the crime scene, creating a belief of their potential involvement, even though no formal charges have been filed.

  • Example 3: Circumstantial Evidence
    Following a series of arsons in a small town, police learn that a particular individual had recently made threats against several of the affected property owners and was seen near one of the fires shortly before it ignited. This individual becomes a suspect because the combination of motive and proximity creates a reasonable belief that they might be responsible for the crimes, prompting further investigation.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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