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Difference Between Criminal Procedure And Probable Cause

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Recommended: Importance of Fourth Amendment in Criminal Justice

Criminal Procedure and Probable Cause
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Criminal Procedure and Probable Cause
Introduction
Criminal procedure is a broad term that encompasses the various rules and regulations that governs and guides the manner in which courts process criminal cases. The set of rules and laws that make up criminal procedure are all geared towards ensuring that the constitutional rights of defendants and criminals have been protected during the entirety of the criminal justice process which includes investigation, arrests, plea bargaining, trials, and sentencing. Probable cause, on the other hand, is a criminal law concept that refers to the requirement that law enforcement officials should have sufficient …show more content…

The Fourth amendment protects the citizens from unreasonable searches and seizures by law enforcement officials. The search warrant is usually issued by a judge to authorize law enforcement officials to search specific locations and obtain particular items. Arrest warrants, on the other hand, are similar to the arrest warrants save for the fact that rather than granting authorization to search and seize specific items, arrest warrants provide authorization for the arrest and detention of an individual. The role of warrants is to ensure the protection of citizens’ rights by placing the judgement of an independent and impartial judge between law enforcement actions and the privacy of the citizens (Etats-Unis, & Library of Congress, 2013). For any search or arrest warrant to be …show more content…

Automobile exception. The high mobility of vehicles means that warrants are not required to search them whenever there is probable cause that they contain crime evidence
f. Hot pursuit/emergencies. Evidence that can easily be destroyed, moved, or made to disappear before a warrant can be issued may be seized without a warrant

References
Carmen, R. V. (2017). Criminal procedure: Law and practice. Boston, MA: Cengage Learning
Carmen, R. V. & Hemmens, C. (2016). Criminal Procedure: Law and Practice. Cengage Learning.
États-Unis., & Library of Congress. (2013). The Constitution of the United States of America: Analysis and interpretation: centennial edition: analysis of cases decided by the Supreme Court of the United States to June 28, 2012. Washington: U.S. Government printing office
Geuss, M. (October 1, 2017). Volkswagen Executive Arrested During Miami Vacation Over Emissions Scandal. Technica. Web. Retrieved from https://arstechnica.com/cars/2017/01/vw-exec-arrested-during-miami-vacation-over-emissions-scandal/
Levi, E. H., & In Fuller, J. (2013). Restoring justice: The speeches of Attorney General Edward H. Levi. Chicago : The University of Chicago

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