Examples Of Probable Causes

1.Probable cause is a set of facts surrounding a specific circumstances that leads a “reasonable person” to believe an individual is committing, has committed or is about to commit a crime. Probable cause is required in the instances of an arrest, search and seizure and the issuance of a warrant. To ESTABILISH reasonable cause the officer can use any trustworthy information. For example the office could use his/her experience, informant information, first hand observations or knowledge, victim reports, anonymous tips, or hearsay.

The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the

The Fourth amendment of the bill of rights prohibits unreasonable searches and seizures any warrant to be judicially sanction and to support to probable cause.

I could be driving minding my own business and a drive by a police officer just parked somewhere and police officer spots me and pulls me over for some reason. The police officer orders me out of my vehicle. Maybe I was speeding and I did not know? Or maybe the police officer wants to search me and my car? Can the officer do that? The answer to all these questions are no, Thanks to the Fourth Amendment, The police officer has limited power to seize and search me or my car (Friedman, Barry, and Orin Kerr). Now, the Fourth Amendment has been questioned repeatedly during the last several years, as police and higher intelligent agencies in the United States have engaged in a number of controversial activities. From the federal government collecting telephones and Internet connections to protect us, due to the War on Terror and trying to prevent the same damage that happened on 9/11. Many municipal police forces have engaged in violent use of “stop and frisk.” There have been as far as incidents were police officers were force to shoot civilians (Friedman, Barry, and Orin Kerr).

The Fourth Amendment states, 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the

The Fourth Amendment of the United States Constitution protects one’s rights against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause. Probable cause can be defined as a person of reasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the “stop and frisk” act. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothing for weapons: if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. The reasonable

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

The fourth amendment gives people the right to not get illegally search. In other words someone can’t just run up to you and search you they have to have a good reason too search you.. The fourth amendment however is not guaranteed against all searches and seizures, but only those that are deemed unreasonable under the law.

All Americans are entitled to their rights. The Fourth Amendment states that we the people have to deny search and seizures from law enforcement without a warrant. The fourth amendment generally prohibits police from entering a home without a warrant unless the circumstances fit an established exception to the warrant requirement. According to the book The Constitution: Our Written Legacy by Joseph A. Melusky, the Fourth Amendment gives the right of the people to be secure in their person, houses, papers, and effects against unreasonable searches and seizures. Although we are entitled to these rights, police sometimes use and abuse their authority. In many cases, the Fourth Amendment has helped prove the innocence of one’s actions.

Since its inception, the protections provided by the Fourth Amendment to the Constitution have been expanding and evolving because of new technology. The Fourth Amendment generally protects us all from “unreasonable searches and seizures” by the government (Fourth Amendment Search and Seizure, n.d., p. 1199). Court cases such as Katz v. United States and Riley v. California highlight how new technology can lead to decisions by the Supreme Court of the United States that alter the protections provided by this amendment (Hall, 2015). In 1968, the Supreme Court decision in Katz v. United States fundamentally changed the measure used to judge whether a Fourth Amendment violation occurs due to new technology being utilized by law enforcement. The 2014 Supreme Court decision in the case of Riley v. California is a more relatable case, since it involves technology that the vast majority of us use everyday (Savage, 2014). This case changed the way law enforcement is able to legally search the cellphone of an arrestee, by strengthening the arrestee’s right to privacy under the Fourth Amendment.

The fourth amendment is a person right to their privacy with the things that they possess. These precedent rights insure the security of our freedom unto a certain extent. This means that a governmental intrusion can take place, allowing a person property to be searched or seized. Depending on the circumstances, officials may or may not have to have a warrant if the evidence is reasonable. “The procedural rights in the fourth amendment influence the operation of criminal justice in the United States nearly every day” (Bohm & Haley, 2011, p.105). For Instance, officials do not have to have a warrant if they have probable cause and needs to preserve the evidence. In addition, a warrant is issued only if the search will end up being connected to the case or if officials think the object is in the home. These conclusions will help the evidence that officials have claimed with probable cause.

Meeting the standard of probable cause requires a demonstration to the judge or magistrate that a crime has occurred, or is occurring and that evidence relative to that crime will be found at a particular location. The investigator must swear, under oath, that the information establishing a probable cause is true to the best of is or her knowledge But in certain cases getting a warrant might take time so based on reasonable suspicion police can go ahead and still conduct the search. The police can conduct searches using numerous ways such as first-hand information if someone tells them you have something your not suppose to based on that information they can go ahead and conduct a search.

Thus, this leaves this determination up to the courts to decide case by case. Probable cause quantitates specific levels of suspicion and is based on facts and prudent belief of guilt, thus allowing a law enforcement officer to perform a warrantless search. Probable cause is more substantial than reasonable suspicion pertaining to the justification for an investigative detention. (Devallis Rutledge, 2010).

When a warrantless search takes place due to exigent circumstances, an emergency situation must have taken place. Although all states permit a warrantless search in exigent circumstances, many courts have struggled to define exactly what constitutes an emergency. A warrantless entry by law-enforcement officials are most commonly found to be legal when there is a compelling need for official action and no time to get a warrant (Swanson, 2011 Pg. 24). For example, in a case where an individual is awaiting trail on drug charges where the physical evidence was collected on a search without a warrant, law-enforcement could argue that they entered the premises under exigent circumstances if they felt that their entry was pressing in order to prevent

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.