Fourth Amendment Warrant

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

Evidence that is illegally obtained cannot be used in a criminal trial and officers must have a valid warrant before conducting searches or seizing evidence (Weeks v. U.S., 1914).

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

This comprises of indirect evidence which aids in detection of crime while not fully proving it. The probable cause sources are enough in some cases while for others further information or evidence needs to be provided. If the judge wants to issue search warrants, then the probable cause must highlight that the person got involved in criminal activity and the crime has taken place.

cause or a warrant when one was needed. Because they had no warrant the items found was

A probable cause is established at the time of a preliminary hearing or preliminary examination. The hearing judge decides whether there is a combination of facts and circumstances that would encourage a reasonably intelligent person to believe that he or she should commit a crime. A probable cause must be examined from different angles in order to closely understand the mind of a person with non-criminal background. Those with a non-criminal background are exposed to committing crimes regardless of how clean their criminal record might look. Usually, the jury’s determination of a probable cause impacts the final decision of the case and how serious the law breaker’s punishment will be.

For a search and seizure to be done the officer has to obtain a warrant, also known as probable cause. By doing this the Fourth Amendment is begin followed, which reads, “The right of people to 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, supports by Oath or affirmation, and particularly describing the place to be searched and the persons or thing to be seized” (Constitution.org/2009). An individual also has the right to protect their belongings against unwarranted searches by police officers. Obtaining a warrant is very important because any evidence that is illegally seized by a police officer cannot to be used in court. This is called the exclusionary rule. It was established in 1914 (Criminal Justice today/2009.Ch7). The plain view doctrine occurs when the evidence is simply in plain view. In this case no warrant is needed. In other words, anything that the officer happens to see at the crime scene can be used as evidence. Another time when a warrant is not necessary is when there is an emergency or when the officer has reasons to believe someone in the home is hurt. These situations are referred to as emergency searches.

The Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is

It is vital for law enforcement to determine whether a search warrant, arrest warrant, or both is needed. When an arrest is to take place within a dwelling where reasonable privacy is expected, law enforcement must determine whether or not the prospective arrestee lives there. If the person to be arrested lives there, only an arrest warrant is needed. If the dwelling belongs to a third party, an arrest warrant and a search warrant is necessary. In order to comply with the Fourth Amendment’s protection of privacy, police must secure the appropriate warrant(s) and knock and announce their presence.

The right of the people to be secure in their persons, 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 place to be searched, and the persons or things to be seized.

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).

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.

Probable cause (PC) is not equivalent to absolute certainty and can exist without absolute certainty. PC must be established before law enforcement can search a person and their property; in addition, to an arrest. The requirement for probable cause to “search and seizure” is found in the Fourth Amendment. Without PC, a suit for malicious prosecution could be brought by the defendant.