Probable cause

Probable Cause and Reasonable Suspicion According to Cook (1970) probable cause commonly deals with a necessary condition in criminal law that police have sufficient causes to capture somebody, lead an inquiry, or seize property related with a crime. Reasonable suspicion is a standard utilized as a part of criminal methodology. It is not as firm than probable cause. Reasonable doubt is enough to legitimize brief stops and detainment, however insufficient to legitimize a full search. It is important to know the difference of these when being stopped by the police. Police Stopping Vehicles According to Harris (1993) police can stop vehicles based on probable cause because there is an act that breaks a certain law, which ultimately gives an…

such as these are allowed in most states. The length of time officer Edwards interrogates Jane might be questionable. Considering that he notes no signs of intoxication of any passengers after a minute or so, it could be seen as unreasonable that he would hold her for another three minutes to interrogated her about where she was coming from and going. Therefore this specific stop might not survive a constitutional challenge. Officer Edwards then asks the passengers to exit their vehicle.…

Nevertheless, if security witnessed Kant at the point in which he stood in line, it would have recognized that Kant possessed two cases of cans. Security also had ample opportunity to question Kant regarding his actions of bringing a Hoover 's case of beaked beans into Bilmart, holding a case of Handell 's beans soon after, visiting the customer service line, walking to the donation cart, and then to the store exits. Regarding probable cause, security has the responsibility to conduct…

The answer for that is yes he did. While most legal searches require a warrant signed by a judge. There are certain variables that can allow an officer to work around that. Those two variables are probable cause or reasonable suspicion. Now both of these have two very different meanings however, they do tend to get confused and crossed. Probable cause accurse when the officer has an adequate reason to arrest someone, conduct a search, or seize property related to an alleged crime. While…

Court in excepting school searches from the warrant and probable cause requirement, and in applying a standard determined by balancing the relevant interests.” The Dissent Although a few of the Justices agreed with the reasonable suspicion standard, others did not quite understand it, nor did they agree with its prospective impact. Namely, Justice Brennan and Justice Stevens, both joined by Justice Marshall, concurred in part and dissented in part. Justice Brennan in particular agreed that it…

Once an arrest has been made the arresting office has 48 hours to prove to the judge that there was probable case for the arrest even on the 48 hours includes the weekend or holiday. If evidence is seized illegally the it will be thrown out using the exclusionary rule that states; “A rule under which any evidence that is obtained in violation of the accused’s rights, as well evidence derived from illegally obtained evidence will not be admissible in court.” (Gains, 216). However there is a few…

I say that because they have in their head that the person they just stopped for a simple traffic violation is a criminal in some type of way. In my opinion, Officer Smith didn’t have probable cause to frisk the young lady. Yes, the officer believed that the vehicle was involved in another crime, but like I stated before, Officer Smith had already stereotyped the young lady with long braids, tattoos and piercings as “one of those”. This essay was for us to use critical thinking and to analysis…

The Fourth Amendment was put into place to protect the rights of the American people to be free from unreasonable searches and seizures. The U.S. Constitution specifically states “no Warrants shall issue, but upon probable cause…” (U.S. Constitution – Amendment 4). Additional, the U.S. Supreme Court ruled that some searches and seizures may be classified as constitutional based on reasonable suspicion and not justified as probable cause. (Lushbaugh, C. A. and Weston, P. B. (2012) Probable…

Probable cause will not become stale as long as probable cause to arrest exists. However if new information comes out that says that the individual is not guilty, then probable cause becomes stale (Ingram, 2009). Whether or not probable cause becomes stale is based on several other factors as well, including the amount of time that has passed since the warrant was issued, the nature of criminal activity, and the property that is the subject of the search (“Police Prosecutor Update,” 2001).…

Reasonable suspicion and probable cause can each play a role in making an automobile stop, however the terms are used interchangeably. The term, probable cause” is used to “support” a traffic stop, whereas the term “reasonable suspicion” is used as a standard that complies with the Fourth Amendment; the right against “unreasonable” searches and seizures. So if officers are within the rights, he may then proceed to stop a vehicle; that is if he has “reasonable suspicion” to believe that a traffic…