Probable Cause

946 WordsDec 2, 20104 Pages
Tillian Stokeling November 10, 2010 Criminal Procedures Mid- Term Probable cause does not rise to the level of proof beyond a reasonable doubt but must be beyond a mere hunch or guess. The legal standard to a probable cause arrest is when an officer finds evidence during a valid stop and frisk search that confirms the reasonable suspicion of an officer that a crime has been or is being committed and would lead to the arrest of and offender. There are a variety of sources to establish probable cause and they are personally observed facts by an officer, information received from an informant. When information supplied by informant the courts and police need to know what facts was observed by them and why should their information be…show more content…
The defense case in chief must mount a defense that either demolishes the prosecutor’s case or, at a bare minimum, creates reasonable doubt in the minds of the jury. A defendant has no burden of proofs in any criminal case and can still prevail without introducing any evidence with the exception of affirmative defenses. Based on the Fifth Amendment the defendant may choose not to testify to avoid self- incrimination. The defense counsel also calls defense witnesses for direct examination. Defense testimony may also include expert witnesses who have special training and qualifications and are permitted to offer opinions. The prosecution is permitted to cross-examine each defense witness. Reasonable Suspicion is a crime has or about to occur. If an officer has some suspicion of criminality of a person they are allowed to do a limited stop and frisk of the individual just for the safety of the officer. The Terry, courts have adapted the stop and frisk rationale to situations involving automobiles and airport detentions. A reasonable level of force may be used to effectuate the stop if the individual proves resistance. The subject may be briefly questioned about the unusual conduct; if the explanation proves unreasonable, and the officer reasonably believes the person is armed and dangerous, he or she may conduct a limited search of the outer clothing. The facts that generate an officer’s reasonable basis to suspect criminal activity may be derived from the
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