Examples Of Probable Cause

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1. Examples Of Probable Cause
The standard for a legal arrest is probable cause. For an officer to make an arrest, he or she must
have more than a mere hunch yet less than actual knowledge that the arrestee committed the crime
(Peak, 2009). Law enforcement officers need to make certain they understand probable cause is
different than reasonable suspicion. A good example of a reasonable suspicion encounter is Terry V.
Ohio, where an officer who had 39 years of experience in law enforcement observed two men
standing on a street corner. It appeared based on the officer's experience the two men were casing a
store because they both were walking up and down the street peering into the store windows, and
then they would return to the corner to conference. While the officer ... Show more content on
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The officer did have reasonable suspicion to make contact and after locating the weapons he had his
probable cause. There are four situations that Probable Cause is used; involving arrests with a
warrant, arrests without a warrant, searched of items with a warrant, and searches of items without a
warrant (V., D. C., & Walker, J. T., 2015). Most of my encounters with individuals occurs on traffic
stops; which require probable cause to stop them. My probable cause could be speeding, reckless
driving or any traffic violation in the traffic law manual. Once probable cause is established then
contact is made with the driver. If there is reason to believe that there is more than a traffic violation,
such as an officer smelling marijuana inside the vehicle, then he or she can now have access into the
vehicle. My probable cause to get into the vehicle is based on my training and experience that there
was or is illegal narcotics inside the vehicle. If there is no probable cause to get into the vehicle and
an officer feels there is more to the traffic stop than speeding, then the officer needs to build his
reasonable suspicion to figure out what the driver is up to. For example, one night on patrol, it was
believed that there was a possible drug transaction going on in the
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5. Essay On Probable Cause
1. What is the standard legal definition of probable cause?
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.
2. What is the standard legal definition of reasonable suspicion?
Although reasonable suspicion is vaguely similar to probable case, they're very different.
Reasonable suspicion is less than probable cause. It allows police officers to briefly detain a ... Show
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The two forms are preponderance of the evidence and proof beyond a reasonable doubt.
Preponderance is mostly used in civil court, whereas proof beyond a reasonable doubt is used in
criminal court. In civil court, the plaintiff must provide factual evidence regarding why he or she is
suing the defendant. In a criminal case, a higher standard of evidence is required, which is the proof
beyond a reasonable doubt. In most criminal cases the prosecutor must attempt to persuade that the
defendant, is, in fact, guilty of the charges brought against them. In criminal cases, the evidence
must be circumstantial and adequate enough to decide whether the person is guilty. Which is where
the term proof beyond a reasonable doubt derives from. It's another way of saying are you certain, is
the proof enough for you to say okay, I have no doubt in my mind that this person is
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9. Unmanned Aerial Vehicles ( Uav )
Picture someone sitting inside their house by an opened window, enjoying their personal activities
like reading a book or watching television; when all of a sudden, they hear the soft quiet buzzing
noise outside the window. They look up to see what looks like a flying remote control toy weighing
about fifty–five pounds or less, with four miniature flying helicopter propellers, along with a camera
staring right back at them. Then the trail of concerns and questions begin: Who is watching? Is
someone taking photographic footage? Why are they watching? Aren't they trespassing? Can this
flying technology cause physical harm? In today's society, these remote controlled small scaled
flying pieces of technology are called domestic drones, also known as unmanned aerial vehicles
(UAV's) ("Using Drones"). These domestic drones range in size and have the ability to fly in all
directions with a wide signal range. They also have the capabilities of flying almost anywhere that is
open to airspace, and can maintain a stable level flying position due to their evenly distributed
symmetrical structure (McGlynn). This means that drones can hover in one place and capture high
definition images. Domestic drones have the "ability to house high–powered cameras, infrared
sensors, facial recognition technology, and license plate readers," as well as the ability to make
customized attachments like weapons, or storage compartments (Dolan; Goodman). The
accessibility in obtaining a domestic drone is as
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13. High School Students Should Not Be Granted Greater Privacy...
Riley Heerbrandt and Cade Davidson
Ms. Sullivan
English 3
March 3, 2016
Debate Paper
High School Students Should Not be Granted Greater Privacy Rights on School Property
Safety is, "the condition of being protected from or unlikely to cause danger, risk, or injury"
("Dictionary", n.d.). That is what locker searches provide for schools. With the early case of New
Jersey v. T.L.O, a teacher caught a 14 year old girl smoking a cigarette in the bathroom. This led the
teacher to send the girl to the principal in which the assistant principal decided to check her bag and
locker for more cigarettes or other contraband. The assistant principal found marijuana and a list of
people that owed the girl money. The teen took the school to court for ... Show more content on
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On account of lockers being the school's property it is legal for them to search them at any time
under the right circumstances.
With the use of proper search and seizure guidelines, schools are allowed to search students lockers
without a warrant. Lockers and backpacks are subject to search with reasonable suspicion. To search
a locker, a school staff member or police officer would have to have reasonable suspicion, probable
cause, and student consent in some cases (Ehlenberger). For reasonable suspicion to occur, " the
search would be justified at its inception, meaning that there are reasonable grounds for suspecting
that the search will reveal evidence that the student has violated or is violating the law or school
rules, and the search is reasonably related in scope to the circumstances that justified the search,
meaning that the measures used to conduct the search are reasonably related to the objectives of the
search and that the search is not excessively intrusive in light of the student 's age and sex and the
nature of the offense" (Ehlenberger). Probable cause to search is when" "known facts and
circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband
will be found" (Ornelas v. United States, 1996, at 696)"
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17. New York City Police Department Analysis
The New York City Police Department has conducted an extreme amount of stops, amounting to
half a million because of suspected criminal involvement. The NYPD noticed a large amount of
stops and decided to turn to RAND, an organization for research and development issues, to
determine issues with their stops. RAND researchers conducted three types of analysis including
external benchmarking, internal benchmarking, and how the outcome of stops differed from other
stops. The first to be researched, external benchmarking was based on the criminals race and the
race of who officers particularly stopped. This was to see the different races that the police
encountered with, yet there was no correlation the rates of criminals races. The second research ...
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The source is limited to the RAND researchers findings in 2006, published in 2007, limiting me to
the facts from 10 years ago. Although, it is still timely because stop and frisk ended only 6 years
later. The sources strengths are that it is factual information. The information tells the truth and
gives different point of views on why officers stop certain citizens. The source uses information
from the NYPD, Supreme Court cases, and the United States Census Bureau. I would be able to use
all of this sources' sources within my paper because they are all related to one another. The NYPD
provides charts of information to show which races are stopped and what happens during the stops.
To conclude with my questions, I would like to know if RAND researchers furthered their research
until 2013 when stop and frisk finalized? I also am curious as to the background of the researchers,
what their qualifications are to make them experts for this research. Overall, I enjoyed this source
very much because of the unbiased, truthful facts the researchers were able to
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21. Reasonable Suspicion : An Effective Suspicion Of A Person...
Reasonable doubt is something that is derived from probable suspicion of a person or an event in
different cases. People are forced to act in a certain way and their actions are justified if they have
reasonable suspicion. It is really important that for reasonable suspicion that the person you are
doubtful of shows some sort of suspicious behavior or attitude that justifies the doubt. A person who
is doing something based on reasonable suspicion need to have some gathered facts that support his
suspicion; otherwise it won't really be something that can be qualified as reasonable suspicion. It is
true that reasonable suspicion is not probable cause to elicit some sort of a reaction for something or
for someone but ... Show more content on Helpwriting.net ...
Gardner, 2016). It was in 1968 in Terry vs. Ohio where the court initially ruled it to be legal for the
police to detain someone and question them based on reasonable suspicion. Therefore, it is police
officers' job to identify people who are involved in criminal activity or are going to be involved in
any criminal activity. If they ever see someone that they feel is acting a little suspicious and they
have enough basic facts to say that their behavior seemed a bit shady, they have the right to detain
that persona and question them. If they feel like someone might be carrying a weapon or drugs with
them that might be illegal or harmful then they also have the right to check the person but in a
manner that is allowed by the law. There is a need to clearly establish the rules and limitations when
it comes to reasonable suspicion so that there are no issues when these policies are being applied. It
is right for people to believe that the law enforcement has gained enough experience to point out
when something or someone seems suspicious. It is exactly this experience that then forms the basis
of their reasonable doubt which is why the law has allowed them to act but there are still some
limitations obviously to make sure that the rights of any individual are not threatened. It is important
that there is proper clarity about the definition and the implications of reasonable doubt, because
there are going to be multiple people that will
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25. Probable Cause Trial
So you have broken the law, whether or not you had a warrant for your arrest, or not, and now you
have to stand trial. During this time, you may be wondering what's ahead on your journey to being
found innocent or guilty. There are many different things that you will have to endure, and it may be
a long process. Today, I will be writing about the steps from the time you have your initial
appearance until the time the judge gives the verdict on whether or not you are found guilty. After
you have been arrested, you are then taken in to booking at the police or sheriff's department. This
means that the police simply put you into their system. Once there, you have to give them your basic
information, give fingerprints and a mugshot, go through ... Show more content on Helpwriting.net
...
You will be told what you are being charged with and you will then give your plea of guilty, not
guilty or no contest. If you plead guilty, you have to explain what you did in detail and why you
committed the crime. If you ever have another trial, this can be used against you at a later time. You
may also be entitled to a plea bargain. A plea bargain is granted, you may get out with a lesser
charge than what you were originally charged with, or a lesser punishment. If you have more than
one charge and plead guilty, the prosecutor may even drop the other charges. If a plea bargain
cannot be agreed upon, the defense and prosecutor will come up with an agreement together and the
judge will then have to agree or disagree with what he or she thinks is best. If you plead not guilty,
you will go to a criminal trial. Then you have the no contest plea, which is kind of admitting to the
charge, but not taking any responsibility for the crime. An example would be getting a speeding
ticket for going 55 in a 35 and pleading no contest in court and getting off with just paying a fine. If
you plead no contest once in a criminal case, you cannot use it
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29. Examples Of Probable Causes
To be arrested means to be taken into custody by a legal authority. When a person is arrested there
are certain rules and regulations that a police officer must follow and/or enforce. There are only two
ways to get arrested: probable cause and an arrest warrant. Probable cause is a reasonable belief that
someone has commited a crime by an officer. Probable cause has to be based on facts, a person can't
just get arrested just because an officer has a hinch. An example of probable cause is if let's say an
officer responds to an alarm at a store and the person is hiding in the back of the store and has blood
running down his arm, the officer then would have a probable cause to arrest person. If you are ever
stopped by the police you may be frisked
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33. Welfare Reform For Drug Test Recipients Essay
Pretend you are in kindergarten again and you have just won your favorite bag of candy for
behaving yourself in class all week, and right when the teacher presents you with your glorious prize
a fellow classmate, which had already been to the principals twice that week, comes up and asks for
a piece. You do not want to give him a piece because you worked hard for it and he broke the rules
so he does not deserve it, but then he goes to complain to the teacher and she says you have to share
with him. Would you be upset if you worked hard to obey the rules to win a bag of candy, and then
you find out that you could have gotten a piece anyways? This is exactly how many taxpayers feel
about welfare recipients that refuse to take drug test prior to receiving their welfare checks. Since
1996 there has been a call for welfare reform to drug test recipients prior to admission, but any
attempts have been unsuccessful because they are viewed as a violation of the fourth amendment,
more harmful for children, and an unnecessary expense. These common fallacies have been the
main arguments leading the anti–drug testing campaign, but in the past few years many taxpayers
have grown increasingly tired of their money being given to undeserving individuals, although there
has not been a clear solution to please all parties. To begin, what is welfare? Welfareinfo.org gives
the history and current facts about welfare. Welfare is a government funded program put in action
during the great
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37. Essay On Probable Causes
School officials are given a wide latitude to conduct search and seizures, as compared normal
citizens. The 5th Amendment dictates that, "the right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures, shall not be violated" (U.S.
Const. amend. IV). Thusly, individuals have a fundamental right to privacy. In normal society law
enforcement officers cannot search a person property without a warrant or probable cause, an
objective determination based on evidence that a crime has been committed. Probable Cause cannot
be meat through hearsay or hunches. This high bar of privacy presents a problem in a school
atmosphere because schools need a high level of decorum in order to operate ... Show more content
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If SROs serve as a law enforcement presence on the school campus, then they may not operate
based on reasonable suspicion; they are constrain by the 4th Amendment. If an SRO serves a duel
purposes, a law enforcement officer and school official, then they may operate on the basis of
reasonable suspicion. It is important to note that simply labeling a SRO a school official is not
sufficient, instead in the case R.D.S. v. STATE OF TENNESSEE Williamson County School District
needed to justify the SRO's role in the school by being able to describe, "information about her daily
activities, any interactions with students she has, any specialized training she has received, any
agreements between the Williamson County Sheriff's Office and Board of Education about the SRO
program, any stated policies in regards to the SRO program in Williamson County, which
governmental entity pays her salary, who are Deputy Lambert's direct supervisors, what classes she
teaches, what topics she lectures, what topics she counsels students, and whether she is in a uniform
and armed" (R.D.S. v. the State of Tennessee, 2007). It is important for SROs to have a role in the
school so that they can do their law enforcement duty adequately, so that they may operate under the
bar of reasonable
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41. Difference Between Reasonable Suspicion And Probable Cause
Chapter 5 1. Answer the Chapter Review Questions 1, 5, 7, 10 and 11. 1. Compare and contrast
reasonable suspicion and probable cause. Reasonable suspicion is a reasonable likelihood that a
crime has been, is being, or will be committed. It is a reasonable belief based on facts or
circumstances and is informed by a police officer's training and experience. Reasonable suspicion is
seen as more than a guess or hunch but is less than probable cause. Probable cause is the logical
belief, supported by facts and circumstances, which a crime has been, is being, or will be
committed. The difference between the two are the fact that probable cause has evidence or is fact
based whereas reasonable suspicion is a hunch. 5. Compare and contrast the Aguilar–Spinelli test
with the totality–of–circumstances test in Illinois v. Gates. The Aguilar–Spinelli test states that a
magistrate must be informed of the reasons to support the conclusion that such an informant is
reliable and credible. The magistrate must be informed of some of the underlying circumstances
relied on by the person providing the information which also went by the name of the "two–prong"
test. The totality of circumstances cancelled out the "two–prong" test with the rules suggests that
there is no single deciding factor, that one must consider all the facts, the context, and conclude
from the whole picture whether there is probable cause, or whether an alleged detention is really a
detention, or whether a citizen acted under
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45. The Pros And Cons Of Probable Cause For A Search
Hey, Professor Farris, according to the Shelby County Sheriff's Department any search or seizure
without a warrant must be justified and supported by clear, convincing and articulable facts. Officers
must be prepared to justify any and all warrantless searches. A search without a warrant has
consistently been found by the courts to be preemptively unreasonable, and therefore invalid, absent
specific and articulable facts. If an experienced officer has the reasonable suspicions can articulate
to a set of facts and circumstances that criminal activity may be afoot and make rational inferences.
(Booker, 2015) The officer must have probable cause under any circumstances that would lead a
reasonable man to believe that it is more likely than not a certain individual has committed or is
committing an absolute crime. Officers may search vehicles when there is probable cause to believe
that contraband or evidence of a crime is present in the vehicle. The vehicles need only to show
inherent mobility rather than actual mobility. The search can be made immediately or delayed as
long as probable cause existed even if the vehicle has been impounded and immobilized. An officer
may search in any place that the object of the search may reasonably be found. This includes locked
containers. Probable cause must be item specific. Probable cause for arrest is not probable cause for
a search. Probable cause for a warrantless vehicle search has to be just as sufficient as probable
cause to support
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49. Probable Cause Plus Exigent Circumstances
2. Probable Cause Plus Exigent Circumstances 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. To have probable cause, there must exist "a fair probability that the police
will find evidence of a crime." However, "no amount of probable cause can justify a warrantless
search or seizure absent 'exigent circumstances.'" Whether a law enforcement officer was justified in
acting in the absence of a warrant depends on the "totality of circumstances." The United States
Supreme Court uses a "careful case–by–case" approach to determine whether circumstances rose to
the required level of exigency. Recognized exigent circumstances that justify warrantless entry may
include, but are not limited to: entering to provide emergency aid to someone inside, pursuant to an
immediate threat to officer safety, in "'hot pursuit' of a fleeing suspect," "to put out a fire and
investigate its cause," and to prevent the imminent destruction of evidence of a serious crime. While
circumstances that present the requisite exigency to justify a warrantless search differ, "in each
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53. Probable Cause And Reasonable Suspicion : A Presumption Of...
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.
The difference between the terms probable cause and Reasonable suspicion is that Probable cause:
means that it is hardcore evidence. The evidence for Probable cause is concrete in a crime that has
been committed and Reasonable suspicion is exposed to larger interpretation Reasonable suspicion
is used as an expression that is often used as an excuse in an investigation apprehensive behavior
when a crime may or may not have been committed.
The law enforcement officers will only need reasonable suspicion to stop an individual so they can
question them about their suspicious behaviors, they also will search the suspects for a weapon that
can cause bodily harm to them or to themselves. Before the Law Enforcement can search the
suspects house that's when Probable cause come into place. They must obtain a search warrant
before they can search the suspect property and they must have a very good of searching the
defendant's property. There are six different ways that an officer does not have to have a
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57. Who Could Spot Drone Regulations?
Who Could Spot Drone Regulations? Picture someone sitting inside their house by an opened
window, enjoying their personal activities like reading a book or watching television; when all of a
sudden, they hear the soft quiet buzzing noise outside the window. They look up to see what looks
like a flying remote control toy weighing about fifty–five pounds or less, with four miniature flying
helicopter propellers, along with a camera staring right back at them. Then the trail of concerns and
questions begin: Who is watching? Is someone taking photographic footage? Why are they
watching? Aren't they trespassing? Can this flying technology cause physical harm? In today's
society, these remote controlled miniature flying pieces of technology are called domestic drones,
also known as unmanned aerial vehicles (UAV's) ("Using Drones"). These domestic drones range in
size, and have the ability to fly in all directions with a wide signal range. They also have the
capabilities of flying almost anywhere that is open to air space, and can maintain a stable level
flying position due to their evenly distributed symmetrical structure (McGlynn). This means that
drones can hover in one place and capture high definition images. Domestic drones have the "ability
to house high–powered cameras, infrared sensors, facial recognition technology, and license plate
readers," as well as the ability to make customized attachments like weapons, or storage
compartments (Dolan; Goodman). The accessibility
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61. Search Warrants and Probable Cause Essay
Search Warrants and Probable Cause Training Search Warrants and Probable Cause Training
Welcome to the Federal Agent/Law enforcement combined in–service training. Over the next two
weeks we will be spending time with our fellow agents as well as local officers in this refresher
course. The federal agency takes pride in making sure that their agents are top notch in training and
being properly informed on laws and expectations. Search warrants and the Fourth Amendment
Let's start with what a search warrant is and how we can obtain one. A search warrant is a legal
order that is signed by a judge or magistrate to give police officers the authorization to search a
person or place for evidence. Search warrants allow you to search at a ... Show more content on
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According to Rutledge (2010), in a 1949 opinion, the court said this about probable cause, "The rule
of probable cause is a practical, nontechnical conception. In dealing with probable cause, we deal
with probabilities. These are not technical; they are the factual and practical considerations of
everyday life on which reasonable and prudent men, not legal technicians, act. Probable cause exists
where the facts and circumstances within the officers' knowledge and of which they have reasonably
trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the
belief that an offense has been or is being committed." (Brinegar v. U.S.). (Police Magazine, (2010)
¶ 5). Probable cause must be supported by factual evidence, not just speculation. Some sources of
probable cause are strong enough to stand alone, where others need supplemented by other sources.
Types of warrantless searches There are many types or reasons for a warrantless, which is when
there is no need for a search warrant or even no probable cause. These types of searches have
become the most common in law enforcement. The decision based on warrantless searches is based
on the court's decision and the logic that there was criminal suspicion to warrant the search. Many
everyday searches that are warrantless, which we need to be familiar with, are at airports,
government buildings,
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65. What Is A Probable Cause
a. I would try to get a search warrant. Besides that and making sure the suspect knows he can have a
lawyer present, I would try to get more information out of him. In this case, the probable cause (or
more than reasonable suspicion) would be the incriminating statements. Obviously this depends on
the circumstances, but if the suspects attempts to flee, hide, tries to destroy evidence, gives evasive
answers, or perhaps he has a record, or his behavior is suspicious or unusual, then that would be
acceptable as well. However, the probable cause would be stronger if there were more of these
examples present in the suspects behavior. In addition to probable cause, the warrant must have an
address and location, a reason, the names of the people
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69. The Case Of Brinegar V. United States
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.
In the case of Brinegar v. United States, the petitioner claimed that the arresting officer violated his
4th amendment rights and illegally search his car. In the search and siezure the officer found that the
petitioner was transporting intoxicating liquor into Oaklahoma, which is a direct violation of law.
The courts found that the arresting office had arrested the petitioner on the same violation several
months earlier and this was enough reasonable cause to conduct the search ans seizure.
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
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73. Case Study: The War On Drugs
The question to be asked is the power of smell, quantifiable evidence to help with the assistance of
creating probable cause? Well, this question actually has multiple answers. You can you the sense of
smell, if you have enough experience in the world of "The War on Drugs." However the answer
could also be no, based on the fact if you are a newbie to the police world, on the basis of lack of
experience of using your senses to apprehend the suspect. Over the next few minutes I am going to
talk about a case that happen in June of 2003, this case involved an officer of the Richmond Police
force whom apprehended a gentleman based on the sense of Smell.
June 2003, while on patrol in a well–known drug trafficking area, a group of police officers were
patrolling an area in Richmond, Virginia, an ... Show more content on Helpwriting.net ...
I would say that this officer has done everything that he can do at this point, based on the fact that
there is a possible weapon involved, a redolence of marijuana, and the suspect has fled the scene and
has not responded to any commands given from the officer. Let us continue.
After the arrest of Mr. Humphries, the officer noticed that the redolence of marijuana was even
stronger on his breath. The officer would then pat him down and fins a 9mm hand gun, 26 Percocet,
and a small package of crack cocaine. The officer would then charge him with "possession of
Percocet with the intent to distribute, a simple charge of possession of Percocet, possession of crack
cocaine, and possession of a firearm in furtherance of drug trafficking under federal law."
So before the trial, Mr. Humphries made a motion to overturn the evidence against him, stating that
the officer did not have probable cause towards his arrest, he would then say that the officer may
have had reasonable suspicion to stop Mr. Humphries and question him. His motion would be
granted to later be overturned by the court of
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77. Essay On Probable Cause For The Isolation Of The Innocent
Probable Cause for the Accusation of the Innocent What is wrong and right? A question of which the
answer is not certainly clear. Though this may be the case, humans in general, have a sense of good
judgment and justice. Then why, in so many obvious and unfortunate cases, are innocent people
wrongly accused and forced to pay for an action that was not there own or even completely absent?
I, as well as many others, am puzzled by this question. I propose some possible answers for this
question, from my opinion. I personally believe the wrongly accused have been persecuted as such
because of false evidence/assumption, personal beliefs/prejudice, or purposeful interference. Firstly,
a seemingly decent explanation as to why people may be falsely accused is because of false
evidence and or assumptions. One example that fits nicely is of Richard Jewell, a guard at the
Olympics who took action, and was diligent and courageous to attempt to clear civilians of the area,
but eventually became the main suspect of the heinous crime (Sack 1–2). Though he was never
convicted of the crime, he endured constant torment and questioning ... Show more content on
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"After all, the practical reason why, when the power is once in the hands of the people, a majority
are permitted, and for a long period continue, to rule, is not because they are most likely to be in the
right, nor because this seems fairest to the minority, but because they are physically the strongest.
But a government in which the majority rule in all cases cannot be based on justice" (Thoreau 1).
The majority has only power, not justice. This leads me to believe that they would make decisions
based on what's in their own best interest, not what is right. Why not then, directly interfere with the
results of a trial, to suit your personal preference? Nobody can do anything about it when you have
all the
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81. Affidavit Of Probable Cause Summary
The Affidavit of Probable Cause was prepared by Officer S. White. Ofc. White was patrolling his
sector when he observed a black sedan with an expired temporary license and an illegal window tint.
Ofc. White conducted a traffic stop in a nearby parking lot. A black male named Terrence Noel
exited the driver's door and walked to the rear of the vehicle. Noel proceeded to drop a clear plastic
filled with 14 grams of marijuana. Ofc. White called for assistance. Ofc. White then asked the driver
for his license and Noel stated that he did not have his driver's license because he was under
suspension. Ofc. White reported that while speaking to Noel, Noel seemed to be extremely nervous
and shook uncontrollably; simultaneously, Ofc. T. Duncan and Ofc.
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85. Probable Cause Debate
Pro: We affirm. Resolved: In United States public K–12 schools, the probable cause standard ought
to apply to searches of students. If we prove that it is unsafe for students to learn in an environment
where they can be subject to search at any time, we win. Contention 1: Reducing negative
stereotypes Based on statistics, it has been observed that certain racial and ethnic groups are more
subject to racial profiling than others. According to Kendell L. Coker 2011, "school officials have
instituted administrative searches aimed at a group or class of people rather than a particular person
under the theory that a member of that group or class might pose a threat to safety." Thus, when
school resource officers (SROs) face a situation with ... Show more content on Helpwriting.net ...
The harm of unreasonable searches versus the possibility of preventing a crime from occurring by
the discovery of evidence is the issue at hand. The time that is used to obtain the warrant because of
probable cause is time that can be used to prevent a crime from happening and lives from being lost.
If the student is planning on harming others, getting a warrant will allow them more time to execute
that plan. Under reasonable suspicion, the investigation is justified and can save more lives, as well
as keep the school community safe. According to Benjamin Tiller, 2014, "A probable cause standard
would frustrate the fulfillment of the resource officer's duty... and make it easier for students to
conceal drugs or weapons at school. This high standard will not mitigate drug and gun problems, but
will make them worse. It will force educators and resource officers to take the time to apply for a
warrant instead of immediately addressing a perceived threat–time that could be the difference
between life and death. Reasonable suspicion allows educators and resource officers flexibility and
discourages students from bringing contraband to school." Schools should be safe places for
children and reasonable suspicion will create this safe space. Gun violence is a prevalent issue today
and in April 2016 there was a student in my school
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89. Welfare Reform For Drug Test Recipients
Clean Give Away Pretend you are in kindergarten again and you have just won your favorite bag of
candy for behaving yourself in class all week, and right when the teacher presents you with your
glorious prize a fellow classmate, which had already been to the principals twice that week, comes
up and asks for a piece. You do not want to give him a piece because you worked hard for it and he
broke the rules so they do not deserve it, but then they go complain to the teacher and she says you
have to share with him. Would you be upset if you worked hard to obey the rules to win a bag of
candy, and then you find out that you could have gotten a piece anyways? This is exactly how many
taxpayers feel about welfare recipients that refuse to take ... Show more content on Helpwriting.net
...
Since its conception welfare has been a source of continuous controversy. The main negative
throughout the years has been that people on welfare will never attempt to find a job and just live off
the government, but recently there has been a lot of attention brought specifically to the recipients
that are drug abusers. Therefore, some taxpayers are calling for a system in which recipients are
drug tested prior to receiving aid, but these systems are strongly opposed by those who are current
members of welfare. There have been several states that have attempted to start some sort of drug
testing program. This overview of programs was provided by "Alcoholism & Drug Abuse Weekly".
Michigan and Texas enacted system that would refuse aid to recipients that failed a drug test while
applying for a job, but did not require employers to administrate drug test. Wisconsin attempted a
similar bill that required employers to submit any failed drug test whether or not the person was on
welfare or not in hopes of catching any current or future applicants of welfare. In 2003 TANF
(Temporary Assistance to Needy Families) passed a law that all Michigan applicants were required
to take drug test prior to acceptation. Along with Florida that tried the same thing. Missouri
implemented a process that would only
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93. The 4th Amendment In The Fourth Amendment
All counter–terrorism efforts potentially violate the 4th Amendment because First of all, I think that
they violate the 4th amendment science It is proved that they kind of disrespect the privacy of others
by making certain agreements with other people to get information from anywhere that people didn't
know that they were getting. Another reason that can prove that they violated the 4th Amendment is
that before this program called PRISM came out the government would go and ask for permission to
get any type of information but after this program came out It turned out that everything was a
secret. Also basically everything about getting people's information was a secret until one day a man
called "Edward Snowden" came out with this point of privacy and he had to end up leaving the
country and hiding because the government disagreed with his opinions for a reason. This letter will
attempt to the 4th Amendment by proving how all counter–terrorism efforts potentially violated
privacy. First of all, I think that they violate the 4th amendment science It is proved that they kind of
disrespect the privacy of others by making certain agreements with other people to get information
from anywhere that people didn't know that they were getting. As it says on "Does the Fourth
Amendment Protect Us? (Part–4)" "Is this the way that they want police and other people to go into
their stuff because based on the 4th Amendment this meant that the police would have needed a
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97. Reasonable Suspicion In Law Enforcement
The term reasonable suspicion refers to proof that is less that probable cause, but more than just a
hunch. Reasonable suspicion can be used to make brief stops, and even detention of a suspect, until
a police officer can complete an investigation of a crime. Reasonable suspicion is information that a
reasonable law enforcement officer would believe that a crime has, was or is about to occur, using
his or her training. Reasonable suspicion is an important tool in law enforcement, because it allows
officers to detain a person until they have probable cause for a warrant, to search or arrest a suspect
for a crime. Without reasonable suspicion most suspects would have to be let go due to lack of
evidence. As long as an officer can articulate
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101. What Violates The Fourth Amendment?
What Violates the Fourth Amendment? "Unreasonable search 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." – Amendment IV The
most controversial aspect of the fourth amendment is the debate over what constitutes as a
legitimate search. Since the amendment's addition to the constitution on December 15, 1791,
citizens have questioned police action. The case of United States vs. Jacobsen states that "A seizure
of property occurs when the government meaningfully interferes with a person's possessory
interest." With this great debate in effect, a theory was introduced called ... Show more content on
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However, before this case, the case of Terry vs. Ohio also helped set the investigatory bar. Terry vs.
Ohio involved the Supreme Court's decision in deciding whether it was of reason for a police officer
to stop a person and search him, when less than probable cause for an arrest was present. The
consequences presented in Terry vs. Ohio were put forth but examination of the "reasonable
balancing test." By doing so, a balancing test that has a wider variety of causes is now in effect. In
this landmark case, it was held that policemen are permitted to perform a "stop and frisk" pat down,
if there is reasonable suspicion that the person is presently dangerous and carrying a deadly weapon.
This "stop and frisk" method was later extended to vehicle arrests as well. After the case of Terry vs
Ohio, this wider variety of the balancing test came into effect the case of Louisiana vs. Morgan. In
this case, Johnny Morgan was observed walking at a rather quick pace, late at night, at a poorly lit
area, by a policeman named Sergeant Brown. After realizing that it was a deputy watching him,
Morgan fled and was apprehended by Brown. After noticing the man sweating and seeming to grow
nervous, Brown found what looked to be a crack pipe. Crack cocaine was also discovered in the
defendant's pockets. Morgan was arrested a hauled off to jail where he was charged with possession
of
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105. Probable Cause Vs Reasonable Persuasion
Differentiate between probable cause and reasonable suspicion. Explain how these concepts apply in
criminal cases.
There is a huge reason why the terms "reasonable suspicion" and "probable cause" are often
confused with each other. Both have two different levels of suspicion, causing the two to be
frequently interchanged by mistake. The legal standard of proof in United States law that is less than
probable cause is reasonable suspicion. Reasonable suspicion is evaluated using the "reasonable
person" or "reasonable officer" standard, in which another officer in the same circumstances could
reasonably suspect a person has been, is, or is about to be engaged in criminal activity. This would
mean that a crime occurred and the said suspect is more likely than not the perpetrator. The suspect
has the mental capacity, the obvious opportunity, and the capability to perform the crime under
investigation. ... Show more content on Helpwriting.net ...
Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search
without a warrant, or seize property in the belief the items were evidence of a crime. While some
cases are easy such as, pistols and illicit drugs in plain sight, gunshots, a suspect running from a
liquor store with a clerk screaming "help", other cases can be subjective. If a police officer's belief
or even hunch was correct, finding stolen goods, the hidden weapon or drugs may be claimed as
concrete proof of probable
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109. Examples Of Probable Causes
The Fourth Amendment of the United States Constitution states the following: 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 place to be searched, and the persons or things to
be seized (Cornell University Law School, 2015). Citizens regularly exercise their Fourth
Amendment right when coming into contact with a law enforcement officer. Probable cause
establishes a law enforcement officer's ability to make a reasonable search of a citizen or their
possessions. Probable cause is defined as evidence that may lead a reasonable ... Show more content
on Helpwriting.net ...
With the vast amounts of new technology within the law enforcement world for gaining information
on possible criminal activity, it becomes easier to violate the Fourth Amendment right of citizens.
One example of how the Fourth Amendment right of a person was violated due to technology was
Kyllo v. United States (2001) in which a thermal imaging device was used by federal agents to
determine that a house in the state of Oregon was growing marijuana due to irregular heat patterns
within the residence (Fuqua & Stevens, 2014). The Court once again reviewed and upheld the
constitutionality of the case due to the fact that the agents did not request a search warrant prior to
using the thermal imaging device on a private residence, but the Courts did advise that a warrant
should have been obtained to use the thermal imaging device and any other similar technological
devices that would be used on a private dwelling (Dempsey, Forst, & Carter, 2014). Given society's
increasing reliance on technology, including smart phones and other Internet–connected devices, it
is fair to say that the Supreme Court is not done grappling with the implications of advancing
technology (Fuqua & Stevens,
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113. The Importance Of Personal Privacy
Warrantless searches of a student's person raise significant legal questions. Unlike locker searches, it
cannot be asserted that there is a lower expectation of privacy. Students have a legitimate
expectation of privacy in the contents of their pockets and their person. The Fifth Circuit noted:
"The Fourth Amendment applies with its fullest vigor against any intrusion on the human body." In
personal searches, not only is it necessary to have reasonable cause to search, but also the search
itself must be reasonable. Reasonableness is assessed in terms of the specific facts and
circumstances of a case.
Metal Detectors. Metal detectors are used in airports and many public buildings, but their use does
constitute a search for Fourth Amendment purposes. General scanning of students with metal
detectors is only minimally intrusive on students' Fourth Amendment rights when weighed against
school officials' interest in providing a safe school environment.
Metal detectors became more commonplace in school environments in the 1990s causing their
constitutionality to be challenged. However, courts soon clarified that individualized suspicion was
not needed for schools to use of metal detectors. For example, the Pennsylvania high court upheld a
general, uniform search of all students for weapons as they entered the high school building; each
student's personal belongings were searched, and then a security officer scanned each student with a
metal detector. The court concluded that the
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117. Domestic Violence And Drugs And Crime
Violence and drugs are typical factors of a crime–related lifestyle. Drug users may not take part in
legitimate economy and are exposed to situations that encourage crime so the odds and frequency of
association in illegal activity is increased ("Fact," 1994). Drugs effect the behavior of users and
often time generates violence and can snowball into many other poor decisions. In Centervale,
California, domestic violence is not taken lightly. Independently, domestic violence is an extremely
serious matter but adding other violations to the list of charges, the offender is staring at a heavy
sentence. In this case, Abby and Bobby have been in trouble with the law and this incident outside
their home may be what puts them both away for a very long time.
My officer and I received a call to respond to a domestic abuse situation. When we arrived at the
scene, Abbey and Bobby appear to be having an altercation outside of their house. There is blood
trickling down the side of Abby's head that she seemed to be oblivious to, her speech is garbled, and
Bobby has scratches all over on his hands and face. With this incident continuing outside and the
physical evidence, it has granted probable cause for an arrest. Probable cause is defined as facts and
circumstances that would lead a reasonable person to believe that there is evidence of a crime
located at a particular place or on a person (Argosy University Online, 2017). Both Abby and Bobby
are subjected to several charges. One of the
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121. Probable Cause Determination In Criminal Justice
The First Appearance– this is the step where someone is brought before the judge and the defendant
is informed of the charges that against him or her, rights advisement, right to have a lawyer or if
they can't afford one , then they have one chosen to represent them, and if possible have the right for
bail. This pretrial activity takes place in a magistrate court. Probable cause determination is when a
judicial officer will look and check police documents and make sure they obtained reasonable
evidence that can be supported in the cause of the arrest. If probable cause is not presented in the
court then the defendant is released. Probable cause determination is a key part in the first
appearance.
Preliminary Hearing– this is when an information or a formal written accusation to a court by a
prosecutor, alleging that a specified person has committed a specified offense. Witness can be called
to testify and show psychical evidence of documents and records to display that there is evidence
accusing the defendant of the crime. This is where the judge concludes whether there is sufficient
and reasonable evidence to force the defendant to stand trail. ... Show more content on
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This is to determine the defendant's plea of the charges they have been accused with and to repeat
their constitutional rights again. For the pleas the defendant can either plead guilty, not guilty, or
nolo contendere. If the defendant pleads guilty then they are accepting they have committed the
charges that were presented to them. They are also giving up their rights to remain silent and right to
a trial. If they plead not guilty then they have are saying that they have not broken the law and feel
that they can dismiss the charges for them then he/she should plead not guilty. The defendant is not
given a more severe sentence if they are declared guilty at trial after a not guilty
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125. Persuasive Essay
Schools are allowed to confiscate phones and search them without a warrant as long as they have
reasonable suspicion, but often times, people do not understand what reasonable suspicion is, which
leads to phones being searched at unnecessary times, and students' privacy being invaded. In order
for a person to use reasonable suspicion as their reason to search another person's belongings, they
must be able to state specific facts that are significant enough to lead to a search. Rumors or
anonymous tips that do not include any detail are not reason enough to conduct a search on a student
because they are often false and spread to hurt the individual. Though reasonable doubt has specific
guidelines, many people, like professor Amy Vorenberg, do not only have issues with its misuse, but
also the legality of it in general. In 2012, Vorenberg wrote an article which argued that warrantless
searches of student phones violated students' privacy and could possibly go against the fourth
amendment of the US Constitution. The fourth amendment is, "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 place to be searched, and the persons or things to be seized." Some
people believe that warrantless searches of students' phones violate the fourth amendment to the US
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129. Cci-20 Case Study Igcse
1.) CI–20 is credible in that his statement regarding the crime of John Brown tossing a homemade
dynamite under a passing pickup truck from the summer of 1995. To verify his statement, Lt.
Nenning provided a statement from Fred Green, who was one of the victims from the incident CI–
20 told Detective shield. Therefore, veracity and basis of knowledge can be attributed to CI–20's
statement of observation. Therefore, CI–20 can be deemed truthful and reliable for providing his
observation that was corroborated by Deputy Hughes' investigation and report with Fred Green. The
degree of specificity of CI–20's observation and claims is also accurate in that time at which the
crime occurred, and the similarities are identical to those that Fred Green stated as well. CI–20 also
voluntarily gave information that he is personally acquainted with John Brown, that he was present
during the incident ... Show more content on Helpwriting.net ...
To prove CI–20's statement regarding John Brown's involvement with detonating an explosive that
endangered others, Deputy Mike Hughes made contact with one of the victims to the incident. The
specificity of Fred Green's account regarding how it occurred on June 25, 1995 when he and his
girlfriend were attacked with an explosive being thrown under his truck when he passed the
residence of John Brown. Deputy Hughes was able to verify the damages as explained by Fred
Green through his observation and investigation to the vehicle; Deputy Hughes and Lt. Nenning also
went to the scene of the truck explosion and recovered evidence of heavy cardboard tubing. They
were also able to identified a bum mark in the roadway that was directly across from John Brown's
residence. Thus, by the totality of the circumstances, these reports and findings prove reasonable
suspicion for Lt. Nenning to request an affidavit for a search warrant for John Brown and his
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133. Elements Of Probable Cause To Arrest
1. What constitutes an arrest?
An arrest is when a person violates a criminal law and society's traditions demand that society
should take some action against that person. You must have probable cause to make an arrest. There
must be reason to believe that a crime has been committed and the person to be arrested committed
the offense (p. 69).
2. What are the essential elements necessary to constitute probable cause to arrest?
The essential elements necessary to constitute probable cause to arrest are there must be reason to
believe that a crime has been committed and the person to be arrested committed the offense (p. 69).
3. When may a police officer arrest a person without a warrant?
A police officer may arrest a person without ... Show more content on Helpwriting.net ...
During booking it consists of recording the arrest in official law enforcement records, fingerprinting,
and photographing the accused. If the accused is up for bail they can post bail at this time. If bail is
not posted, the accused will be searched and placed in jail until he or she does post bail or until final
prosecution takes place. A more thorough search may be made at the time of booking to search for
weapons or evidence that may have been missed (p. 86).
8. Explain the right to a phone call as pertaining to a person who has been arrested.
The accused is entitled to certain rights. The laws of some states give you the right to make a phone
call. It prohibits individuals from being held indefinitely without anyone knowing that they have
been arrested. Generally, an arrested person is entitled to make the call immediately after being
booked or within three hours of the arrest. An arrested person is entitled to make at least one or more
completed calls to an attorney, bail bondsman, relative, or other person. The calls are to be made
free of charge to a local area otherwise the arrested person has to pay the extra expense. Each state
has different laws when it comes to the number of calls, to whom, how soon after arrest, and whose
expense they may be made, and whether the calls are monitored (p.
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137. Reasonable Persuasion Vs Probable Cause Analysis
Upon looking at the terms of reasonable suspicion and probable cause, one will believe that they
both mean the same thing but stated in two entirely different ways. Reasonable suspicion is the
rational conjecture that a crime has been, will be or is being performed based on the details and
situations presented along with the officer's knowledge and familiarity. Probable cause is supported
by facts and circumstance along the same lines of reasonable suspicion except that it includes
concrete evidence that is able to support the crime. Reasonable suspicion is when it looks as though
a crime has been performed and is used as validation for investigating suspicious behaviors. These
are just two terms that are meant to be deciphered by the public
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141. Searching A Pupil'S Locker Without Probable Cause Is A
Searching a pupil 's locker without probable cause is a violation of trust and the Fourth Amendment.
Probable cause is legally defined as "Apparent facts discovered through logical inquiry that would
lead a reasonably intelligent and prudent person to believe that an accused person has committed a
crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a
civil lawsuit or the search of the person or premises" by the free dictionary (Probable Cause).
Locker searches have always been a risky and delicate precaution taken by schools that have
occasionally lead to lawsuits, one instance of legal action being taken as a result of the search of a
student is the notorious 1980's New Jersey v. T.L.O ... Show more content on Helpwriting.net ...
Though a fair amount of time and money towards searches there is still an alarming amount of theft
and assault on school property. As technology has advanced over the years schools have gotten
electronic gadgets and techniques to keep students out of trouble. As the amount of technology and
precautions taken to avoid students getting in trouble the amount of students breaking rule increases
with it. Though schools take many steps to protect students, pupils still report that drugs are made
accessible to them on school property, schools combine document that nearly 2 million crimes were
reported to them, and many students still feel unsafe (violence in U.S. public schools). These reports
show that millions of dollars provided by taxes go towards school security and it has done less than
intended. When schools search lockers and students without probable cause they become vulnerable
to many legal issues. In the last decade students have lost much of their fourth amendment rights,
students are losing their rights because the U.S. supreme court continues to give schools more and
more leeway to ensure a "safer and more disciplined" (Ascd. "School right to search students)
school. The fourth amendment states that in order for someone to be searched and arrested he would
need to get
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145. Probable Cause
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 on Helpwriting.net ...
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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149. When It Comes To The Fourth Amendment And Searching A...
When it comes to the Fourth Amendment and searching a person's car or their person, there are a
few factors to take into consideration. In order for an officer to search an individual's car, they must
have consent, otherwise the search is unreasonable and whatever evidence seized could be
inadmissible in the court of law. However, it is possible to conduct a search without consent and
seize evidence without a warrant but there ought to be probable cause or reasonable suspicion. The
two differ in the sense that reasonable suspicion is based off past experiences and expertise.
Probable cause is needed for a search to take place; conversely if there is no probable cause but an
officer has enough reasonable suspicion, they still are allowed to ... Show more content on
Helpwriting.net ...
On the other hand, in Minnesota v. Dickerson (1993), if an officer can readily identify an object
from a pat down, they can use their discretion and experience and retrieve it if they know it to be
true. If they are unsure and take it, whatever was seized is inadmissible in court. In legal terms, this
is known as the plain feel doctrine. This allows a police officer to seize objects during a legitimate
pat–down search if by plain feel he reasonably believes it to be contraband. Just because the plain
feel doctrine has been established does not granted officers the right to touch, it simply permits an
officer to interpret tactile sensations to identify an object during a pat down (Poulin, 1997 pg. 23).
There is a strong correlation between the Fourth Amendment and racial profiling. I asked a police
officer what they believed was the main reason for a lawsuit against an officer and they said
violations in regards to the Fourth Amendment followed by failure to act. Take the United States v.
Brignoni–Ponce case for instance. A police officer pulled over a drive that looked to be Mexican
because he believed them to be an illegal immigrant. The problem was that officers were roving the
border and stopping individuals for no reason other than to see if they were illegal immigrants. The
Fourth Amendment held that a patrolman is prohibited to crowd the Mexican border just to stop and
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153. Probable Cause In Criminal Investigation
According to Criminal Law and Procedure, probable cause is the least amount of evidence that is
necessary to determine criminality in regards to a search, arrest, or seizure to be proper under the
Fourth Amendment (Hall, 2015). Every case differs in how probable cause is articulated as well as
the basics of the case in terms of who, what, when, where, how, and why. "In all situations, it is
more than mere suspicion and less than standard required to prove a defendant guilty at trial (beyond
a reasonable doubt)", (Hall, 2015, p. 399). Furthermore, probable cause is simply the facts of a case
that represents criminality and presented by the law enforcement officer to a judge or magistrate, to
solidify their case in ascertaining an arrest warrant ... Show more content on Helpwriting.net ...
According to Overview of Criminal Procedure, there are three sources of establishing probable
cause, observation, physical evidence, and witness statements (Bethel, 2015). Observation and
profiling are two terms that are easily misinterpreted by people in society who lack knowledge of
determining a crime. Based on an officer's experience, the officer can determine if a crime is likely
to occur by observing certain key elements a suspect or suspects display to the officer, because the
officer has observed the same principles applied in previous crimes that resulted in a crime.
Observation of a suspect is surveilling the suspect for any criminal aspects that are determined to be
criminal. The physical evidence speaks for itself as physical evidence may arise during the course of
surveillance and solidify the officer's determination that a crime is present. Statements by witnesses
or anonymous tips can assist in establishing probable cause and sometimes can be the only probable
cause an officer can establish before further investigating a potential crime (Bethel,
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