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Examples Of Probable Cause Requirements

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“Probable cause is a reasonable ground for a belief, as, in a criminal case, that the accused was guilty of the crime, or, in a civil case, that grounds for the action existed: used especially as a defense to an action for malicious prosecution (Pearson, pg. 68)”. Probable cause requirements come from the 4th Amendment of the United States Constitution, which prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. A law enforcement officer must prove probable cause to a judge in order to search with a warrant. If any search or arrest is made without any warrant the officer must prove that there was any probable cause involved. Any evidence gathered at the crime scene
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899 Words | 4 Pages

But, that was not the case and the officers did pursue sam without probable cause. Evidence that was founded by taking an individual’s rights is illegal and cannot be used in

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316 Words | 2 Pages

The case, Utah v. Strieff, A criminal case involving probable cause and the Fourth amendment was a case in Utah, where a narcotics detective made an arrest of a man, who was not actively involved in a crime but had frequented a suspected drug house. The suspect, Mr. Strieff had a previous warrant and was seen leaving the home where drugs are known. The detective, Officer Fackrell had been watching the home for over a week based on a tip of suspected drug activity. Officer Fackrell watched Mr. Strieff leave the house, walk to a store and proceeded to stop him, ask for his ID and called his name in to see if he had any warrants. He did have a warrant for traffic violation and the officer arrested him, searched him and found illegal drugs on him.

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According to the Portsmouth Police’s probable cause summary, a black male identified in a video was observed exiting the rear passenger side of a Honda Pilot with a Tommy Hilfiger’s red jacket. The jacket matched the description which the victim provided. Aronte Neshawn Sharpe was identified as the individual wearing the jacket and posing in the jacket while leaving a store (7-11). He also was observed in possession of the jacket while looking into a video screen according the probable cause summary. The report stated the victim was contacted by Detective Baker, Portsmouth Police to see if the jacket belonged to her.

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a) The police had conducted due investigations including a background search on the ownership of the premises and the vehicle that was being used by the suspects. The background search results corroborated the unidentified police informant’s accounts on the suspect’s identity. Thus the police had probable cause to believe the suspects were involved in criminal activities. b) Based on CRI-2 account of the activities of Mildred, and the background check by affiants, their inference that Mildred was in fact involved in illegal activities was indisputable and as such the affidavit satisfied the test of reliability and the judge needed no further or extra information to issue the search warrant. c) The period the affiants were involved in observing, documenting and piecing together different parts of evidence necessary to form a probable cause as to the conduct of the suspects is sufficient and meets the test of “acting in good faith” to obtain the warrant to search the person of the defendant and vehicle and are not in any violation of the defendant fourth amendment right to privacy.

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The majority opinion discussed the Fourth Amendment and explains now it provides the the ability to arrest individuals without a warrant when the officers have probable cause that a suspect has committed a criminal offense. During this traffic stop, the arresting officer determined a crime had occurred. It was up to the court to determine if the officer had probable cause to arrest Pringle. Chief Justice Rehnquist determined that the arresting officers proved a crime occurred and there was probable cause to determine Pringle should be arrested. According to Chief Justice Rehnquist, when three people are in the car where drugs are located and the owner of the drugs is not clear with no one admitting possession, it is reasonable for the officers to believe that either one or all of the occupants of the vehicle committed the offense.

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841 Words | 4 Pages

The main few being the police officer's safety, the Fourth Amendment, and stop and frisk. Officer Mcfadden testifies that two men, John Terry and Chilton walked and stopped in front of a store, then met up at the corner down the street, and repeated to do so approximately 24 times. This would be considered almost the definition of probable cause, which is reasonable grounds for searching or pressing a charge. McFadden decided under his reasonable cause to interfere and find out what was the situation. Such actions made by the two men convinced the officer he needed to be sure he was safe.

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This violated his fourth and fourteen Amendment rights. The courts made impermissible Use of the testimony even if law enforcement had reasonable suspicion. Rule of law: An individual cannot be brought to a police station and fingerprinted without probable cause or a warrant. The courts compared the cases of Davis v. Mississippi, 394 U.S. 721. (Investigatory detentions).

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Riley’s lawyer gathered as much evidence as he could to prove that the San Diego police officer did not have the right to confiscate Riley’s cell phone without a warrant. Riley’s lawyer also believed that because the officer search without a warrant he violated Riley’s fourth amendment right. At Mr. Riley’s trial, police officers testified about the photographs and other sources on the cell phone and these were admitted into evidence. The trial court wound up rejecting all of the lawyers arguments and believed that the search followed the “search incident to a lawful arrest” doctrine. This doctrine allows for police to conduct a search on items such as cell phones whenever that item is found near the suspect at the time of arrest.

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625 Words | 3 Pages

The Fourth Amendment clearly states that the police must have a warrant to search a someone’s home and personal belongings. Though the police had probable cause, the murder they intended to find could not be located in Mr. Dexter’s car. The police and investigators searched Mr. Dexter’s car without obtaining a search warrant because they did not have enough time to get one. In the car they found a gun that did not relate to the

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The issue is whether evidence collected during an unwarranted search and seizure was in violation of the Fourth Amendment. In the case of Riley v. California, a San Diego, California, police detective executed a warrantless search, by seizing a cell phone that contained private information. While on patrol, San Diego, Police officers stopped a vehicle with expired registration tags driven by David Riley. Riley was initially arrested for possession of a firearm. Upon further investigation, police discovered a cell phone that contained valuable information.

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The warrants must be specific describing where will be searched and what or who will be apprehended. Probable cause and or evidence must be present to obtain a warrant. Finally when obtaining a warrant officers must swear an oath. The 4th Amendment does not describe when warrants are needed. The Supreme Court has concluded warrants are not always necessary because of the practicalities of police work.

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There are 2 exceptions to this law. First, in the 1984 Nix V Williams case the Supreme Court ruled if the police would have found the evidence anyway. Second, if the police believe they are acting in good faith, even though the warrant they have is fraudulent. This was declared in the 1989 USA V Lean

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796 Words | 4 Pages

An officer may only be allowed to search a person 's personal belongings if their reasoning is associated with a lawful arrest and if they have a probable cause to search (Matthews). After it being a huge deal in New York, other cities and states began embracing the use of stop-and-frisk as it began growing around the United States. In the 1950s police officials in other cities took up, and expanded, the stop-and-search tactics by using the LAPD to embrace the theory of crime

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136 Words | 1 Pages

Socioeconomic, psychological, biological and behavioral factors are included in many different causes and correlates of crime. Many theories provide a multiple cause of how people become criminal. Differential A. theory says through the relations with others, gang is for example, individuals study the values, attitudes, techniques and motives for criminal behavior. According to train theory, social structures in the societies encourage citizens to commit crime “Higher total socioeconomic status (usually measured using the three variables income (or wealth), occupational level, and years of education) correlate with less crime. ”(Psychology wiki Correlates of crime,) Labeling theory embraces the idea that the elite’s negatively labeling minorities

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Despite the fact that multitasking is becoming more and more popular, only 2% of people are actually successful multitaskers and suffer no drop off in their work quality while working (Sundem). With that being said, I contend that multitasking shouldn’t be as commonplace as it is, as the negative effects it takes on your brain simply far outweigh the positive feelings of thinking you are doing more with your time even when it reality you are actually delaying your progress by multitasking. At first glance and without actually diving into the science of it, it is easily comprehensible as to why people of this era and era’s past chose to multitask. There are only so many hours in a day, and more often than not are schedules are so full that

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