Also known as: suspects · suspected · suspecting · accused · person of interest
Written by attorneys · grounded in primary & secondary sources — see below
A person believed by law enforcement to have committed an offense. The label attaches once officers develop reasonable suspicion or probable cause based on specific facts and permits investigative steps such as a Terry stop or arrest.
Simone Sanders became a suspect when officers developed probable cause she had committed robbery. At her first court appearance the judge asked whether she wanted appointed counsel. Sanders said yes. The court appointed an attorney and the prosecution could not question her further without that lawyer present.
Steven Silva was named a suspect in an assault investigation after witnesses identified him. During closing argument the prosecutor told the jury he personally believed Silva was guilty. Defense counsel objected. The court sustained the objection and instructed the jury to disregard the statement.
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Sofia Stern became a suspect when officers received an anonymous but reliable tip describing her clothing and predicting her route. The tipster had accurately described her movements. Officers stopped her, patted her down, and recovered a firearm.
Stephen Shaw was treated as a suspect in a sexual-assault case. He sought to introduce evidence that the complainant had previously consented to sexual activity with him. The prosecutor also offered the same evidence. The court admitted the evidence under the consent exception.
Samuel Soto was a suspect in a theft prosecution that ended in acquittal after a full trial. He then sued the complaining witness for malicious prosecution. Because the criminal proceedings had terminated in Soto's favor, the court allowed the civil claim to proceed to the remaining elements.
Sean Steele became a suspect and was charged with drug possession. The prosecutor learned that a key witness had recanted but did not tell the defense. After conviction the defense discovered the recantation. The court ordered a new trial because the information had not been disclosed.
A person becomes a suspect once officers develop reasonable suspicion based on specific and articulable facts that the person is involved in criminal activity. At that point officers may conduct a brief investigatory stop and, if warranted, a frisk for weapons.
Labeling a person a suspect does not by itself trigger the Sixth Amendment right to counsel. The right attaches at the initiation of adversarial judicial proceedings such as indictment or arraignment, not merely upon becoming a suspect during investigation.
A prosecutor may not state a personal opinion as to the guilt or innocence of the accused during trial. Such statements violate professional-conduct rules and may require curative instructions or reversal if they prejudice the jury.
A prosecutor must make timely disclosure of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense. Failure to disclose can result in reversal of a conviction under Brady principles.
An acquittal satisfies the favorable-termination element of a malicious-prosecution claim. The former suspect may then proceed to prove the remaining elements of lack of probable cause and improper purpose.
…or to penalize it through libel judgments is to abridge or shut off discussion of the very kind most needed. This Nation, I suspect, can live in peace without libel suits based on public discussions of public affairs and public officials. But I doubt that a country can live in freedom where its people can be made to…