(855) 4-ESSAYS

Type a new keyword(s) and press Enter to search

Probable Cause, Search And Seizure

For example, if an officer on patrol hears a radio dispatch that describes a red sedan fleeing the scene of a robbery, the officer does not have probable cause to pull over every red sedan in sight. If the dispatcher tells the officer that the sedan is missing a hub cab, has an orange bumper sticker and is occupied by four people, and the officer spots a car matching those terms, that would be probable cause to effect a stop.
             Lacking probable cause does not necessarily leave an officer powerless. Reasonable suspicion is a notch below probable cause, but it does come with its privileges. Reason suspicion is not as stable as probable cause, nor does reasonable suspicion require a strong supportive basis. A simple reasonable belief, based on a general observation or circumstance, and possibly supported by experience, may be enough to investigate further or take minimal action. Having mere suspicion is not of much value. Mere suspicion is a hunch of instinctive feeling that something may be wrong. Mere suspicion may increase an officer's awareness toward a person or property but it cannot be any principle for action (Bohm and Haley, 2002).
             Sources of probable cause include many possibilities. A superior officer may provide a fellow officer with the knowledge pertaining to a crime that could be used later as a factor in a search or arrest. An anonymous telephone call with specific information, a tip from a reliable citizen in the community or a specialized officer in the field with expertise may provide information to supplement probable cause. Sometimes personal observations alone or any combination of these can be enough to establish probable cause (Garland & Stuckey, 2000). An informant's role in probable cause has been questioned and clarified by the courts on more than one occasion. Illinois vs. Gates pointed out that an informant's knowledge should be taken into account but not rigidly applied.


Essays Related to Probable Cause, Search And Seizure

1. Search And Seizure

Search and Seizure The Fourth Amendment guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." ... The Supreme Court argued that evidence gathered in an illegal manner, without probable cause or without a search warrant, should be excluded from criminal trials. ... The logic followed that if police understand that evidence seized in a manner that violates any of the provisions of the Fourth Amendment will be excluded from court proceedings, they will less likely conduct searches without warrants or with...

  • Word Count: 1443
  • Approx Pages: 6
  • Grade Level: Undergraduate

2. Crime

No time for a Warrant • Police can make a warrant-less arrest based on probable cause • Probable cause is defined as a reasonable belief that a person has committed a crime. • The amount of evidence used for probable cause may be less than that used for proving guilt. Probable Cause • Since probable cause it based on reasonable belief, arresting without a warrant requires the police officer to use his/her own judgment as to what would be deemed reasonable under the circumstances and be upheld by a judge or District Attorney. ... Search and Seizure ...

  • Word Count: 468
  • Approx Pages: 2
  • Grade Level: High School

3. Exceptions to the Fourth Amendment

The Fourth Amendment restricts the government or anyone acting as an agent of the government from entering some ones" home to conduct a search or seizure without a search warrant. It also ensures that the people are "secure in their persons, papers and effects against unreasonable searches", unless a Warrant has been obtained after probable cause has been established. ... The Fourth Amendment states 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, and no Warrants shall issue, but ...

  • Word Count: 615
  • Approx Pages: 2
  • Grade Level: Undergraduate

4. roadblocks illegal

The police made these searches randomly without any probable cause at all, which was their biggest fault. ... The police operated these searches without probable cause. ... These policeman were conducting these searches without any probable cause. ... The police force made these searches and seizures without any probable cause. The constitution clearly states there must be probable cause to search a person's property. ...

  • Word Count: 483
  • Approx Pages: 2
  • Grade Level: High School

5. 4th Amendment and the Patriot Act

The fourth amendment to the United States Constitution states, "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." ... This new kind of legislation has broadened the government's power over searches and seizures. ... "The right of the people to be secure against unreasonable searches and seizures," means th...

  • Word Count: 1358
  • Approx Pages: 5
  • Has Bibliography
  • Grade Level: Undergraduate

6. Search or Seizure

Constitution states as follows: "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." ... They came to her house, and she refused them in without a search warrant. ...

  • Word Count: 503
  • Approx Pages: 2
  • Grade Level: High School

7. SHould A K-9 Sniff Be Considered Probable Cause For A Search

Probable cause has been defined by the U.S. ... In relation to searches, probable cause is very space specific. ... The problem is that in this search, probable cause as it is defined by the U.S. ... An officer's right and duty to search should depend solely on probable cause. ... Probable cause is never established (in my opinion) and a search should not be conducted.. ...

  • Word Count: 1533
  • Approx Pages: 6
  • Has Bibliography
  • Grade Level: High School

8. The Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, 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."" ... Well I think, it means when the reason for a warrant doesn't make sense and isn't based on probable cause, which is the thoughts of everyday people/average person. ... Any search of the person, home, automobile, and any other belongings without proba...

  • Word Count: 1406
  • Approx Pages: 6
  • Grade Level: High School

9. Search, Seizure and the Fourth Amendment

The Purpose of a Search and Seizure Evidence search serves the objective of identifying the existence and place of evidence; searches consist of checking the location with the purpose of discovering criminal evidence. ... The nature of a search constitutes an interference of a person's right to privacy, as well as, a constitutional condition against any unreasonable search and seizure. ... Four Requirements for the Issuance of a Search Warrant A ruling by the Supreme Court that expresses the Constitution preference of search, seizure or an arrest that is performed pursuant to a legally ...

  • Word Count: 1726
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: Undergraduate

Got a writing question? Ask our professional writer!
Submit My Question