Examples Of Probable Cause

Reasonable suspicion is different from probable cause as reasonable suspicion allows an officer to temporarily detain a person if the officer suspects the person of committing a crime, previously committed a crime, or is about to commit a crime. This will allow the officer the time to conduct an investigation that may allow him/her to find the facts that are required to arrest per probable cause. Therefore, reasonable suspicion is thought of to be a hunch

2. Investigation—sufficient evidence, known as probable cause, must be gathered to identify and support a legal arrest of a suspect.

The following exceptions do not require probable cause: stop and frisk, incident to arrest, consent, inventory and administrative searches. The most common exception patrol officers encounter in the field is the stop and frisk also commonly known as

The probable cause plus exigent circumstances exception to the search warrant requirement “applies when the exigencies of the situation make the needs of law enforcement so compelling that a warrantless search is objectively reasonable under the Fourth Amendment.” The state bears the burden of proving that the search falls under this exception. The exception requires that an officer have probable cause and that the situation present exigent circumstances.

Stop & Frisk- if the police officer has reasonable suspicion that a criminal act took place or is about take place he can search the suspect. If the police officer believes they are arm and dangerous. It is a bit less serious than probable cause. An example can be Johnny is walking down the street with a set of pliers in his

The legal right is with the officers which allows them to search passenger compartments which are found in the suspect’s vehicle. If officer feels that adequate suspicion exist, they have every right to conduct limited suspect search. Vehicles can be searched by the officials without a warrant, if they have the probable cause with them as per the fourth amendment.

Reasonable Suspicion: is the legal standard by which a police officer has the right to briefly detain a suspect for investigatory purposes and frisk the outside of their clothing for weapons, but not drugs. While many factors contribute to a police officer’s level of authority in a given situation, the reasonable suspicion standard requires facts or circumstances that would lead a reasonable person to believe that a suspect has, is, or will commit a crime.

Upon arrival, Officer Wheeler activated his (BWC1) body worn camera which was later uploaded to evidence.com. As our patrol vehicle pulled up to St. Luke’s emergency room entrance, I viewed a male later identified as (RV1) Devinelle Lavaughn Broussard with a cellphone in his hand attempting to prevent a female, later identified as (B1) Eleasia Ashanti Fraise, from throwing a (EVD1) red brick. I next saw Fraise throw the brick at a parked (D1) silver BMW, located along the south side walk. The brick fell to the ground and Fraise went to picked it back up. Fraise picked the brick up and moved in the direction of our patrol vehicle with the brick at shoulder height. I parked the patrol vehicle and immediately got out drawing my firearm to a low ready. Officer Broussard stepped out of the vehicle and drew firearm pointing it at Fraise (View Officer Wheeler’s statement for further details). Officer Wheeler and I gave commands to Fraise to drop the brick. Fraise immediately complied and dropped the brick. I holstered my firearm

Probable cause is defined as a reasonable belief that a crime has been committed, that evidence is at the place being sear5ched or on the person being searched, or that a specific person is believed to have committed, is committing, or will commit a certain crime. Law enforcement cannot just go to a judge and say they have probable cause for a warrant. To obtain a warrant law enforcement needs something to substantiate their belief. The standard for probable cause to be met is for any reasonable person to believe based on the evidence or observations presented that indeed either a suspect has or is engaging in criminal activity, or that evidence exists at a certain location. Not all searches require probable cause to be established. The exception to the probable cause is reasonable suspicion. An example of this is a customs search. A custom search requires no warrant or probable cause be presented. But if a custom agent is going to detain a traveler for an extended

New York City has a policy in place known as the Stop and Frisk policy. According to New York Criminal Procedure (2012), if a police officer, “suspects that (a) person is

Reasonable suspicions are a presumption that a crime has been or will be committed. Reasonable Suspicions is based on the fact that is informed by an officer training and his or her experience of the law. I believe that Reasonable suspicion is more than a hunch but not as important as a probable cause. Probable cause is almost simulator to Reasonable Suspicions but, the Probable cause is a logical belief, that is supported by the facts, that a crime has been, or is being committed.

Pertaining to the differences between probable cause and reasonable suspicion within law enforcement can determine the difference between a legal search and seizure and police officers obtaining evidence in an illegal manner. Officers need to handle each situation when probable cause and reasonable suspicion is involved. Determining what is reasonable and what is not takes great skill, perseverance, comprehension of the law, and an innate intuitiveness on the part of the officer.

Reasonable suspicion could lead to discrimination or racial profiling. Did you hear about what Massachusetts did? The highest court of Massachusetts ruled that African Americans that voluntarily flee from police encounters generally have a reason to do so based on fear. The ruling came into play after a case against a man named Jimmy Warren. The suspect was accused of unlawfully possessing a firearm and evaded the police when he was approached. According to the police officers, there were multiple break-ins that occurred in the neighborhood and the suspect fit the description. Later, the Supreme Judicial Court in Massachusetts ruled that the police should have not stopped the individual because he did not violate any laws and was not guilty

Probable cause is a requirement which can be found in the Fourteenth Amendment that must usually be met before an arrest can be made, before being allowed to conduct a search, seize property, and to receive a warrant which is related to the alleged crime. Probable cause is considered a level of reasonable belief, probable cause must be based on facts and not an assumption. In civil court, a person can be sued if they have probable cause, and in criminal court, the defendant can be prosecuted or arrested if they also have probable cause. If the officer cannot prove probable cause, unfortunately, the evidence then becomes inadmissible, and the evidence will be thrown out.

A law enforcement officer bears the responsibility of investigating arresting and assisting the victims. He arrests the perpetrator when he believes it is in order to do so. While this enables the officer to perform his work, the decision to arrest or not to is left to the discretion and judgment of the officer which would be subjective or downright faulty. The perpetrator can then theoretically get away with the incident or an innocent person wrongly