|
  |
|
|
Defining Probable Cause
This article discusses the process by which a search warrant is sought and issued, defining probable cause, the standard by which probably cause is met, and the description of searches
that doesn’t require a warrant.
Providing for a system of checks and balance among the legislative, judicial, and executive branches of government is the Constitution of the United States . One branch of government is always accountable to the other branches. This is to insure that no one individual or agency can become powerful enough to usurp the rights and freedoms guaranteed under the constitution. (Criminal Justice p. 276)
Under the criminal code by which a search warrant can be sought is according to the constitution of a particular state however, a state can afford an individual greater protection than the US Constitution if its legislature chooses to do so. The Fourth Amendment requires that a search warrant may not be issued absent probable cause, which is a minimal constitutional standard. Therefore a state could not allow search warrants to be issued to search a home based upon reasonable suspicion, a lesser standard than probable cause. (AIU Online Virtual Campus)
However, the Fourth Amendment protects against “unreasonable” searches and seizures by state or federal law enforcement authorities but, does permit searches and seizures that are considered reasonable. The police may override a person’s privacy concerns and conduct a search of your home, car, boat, office, barn, personal or business documents, bank account records, or whatever they deem necessary if they have probable cause to believe they can find evidence that you committed a crime, and a judge issues a search warrant, or the particular circumstances justify the search without a warrant first being issued. (Understanding Search and Seizure Law n.d.)
Somewhat uncertain is the precise meaning of probable cause and how it is met. Over the years, at least three definitions have emerged:
· Known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution or prudence in the belief that a crime has been or is being committed.
· Is to lead a person of reasonable caution to believe that something connected with a crime is on the premises of a person or on persons themselves.
· The total sum of information of what police have heard, know, or observed as trained officers. (Probable Cause n.d.)
A few of the warrantless searches are consent searches, searches incident to arrest, searches during an investigative detention, vehicle searches, administrative searches, vessel searches, border searches, and plain view searches.
Vehicle searches without a warrant are permitted providing the officer has probable cause, which is under the fourth amendment, search and seizure under reasonable cause. (AIU Online Virtual Campus) For example, if an officer stops a vehicle for an expired license plates. When he has approached the vehicle and smells alcohol or sees open beer cans or smells marijuana coming from the car, the police officer will then have probable cause to search the vehicle without a warrant. (AIU Online Virtual Campus)
If that vehicle is impounded because of the above incident, and a stolen computer was found with child pornography on it, they could confiscate the computer but could not charge that individual with that particular offense based on the administrative search because it exceeds the scope and purpose of an administrative search. (AIU Online Virtual Campus)
If evidence can be readily seen police officers can confiscate evidence, this considered the Plain-View Doctrine. For example, if an officer is called to a home for assistance or medical aid and in the process sees drugs, he can legally confiscate them and make an arrest. (Criminal Justice p. 285) However, the Plain View Doctrine applies under legal circumstances and only in places where the police have a legitimate right to be. For example if police create a plain-view situation through surveillance or other means, the Doctrine would not likely apply. (Criminal Justice p.285)
Reference
Schmalleger, F (2006). Criminal Justice Today. Pearson Prentice Hall.
(n.d.). Understanding Search & Seizure Law. Retrieved, from Criminal Law Web site: http://www.nolo.com/article.cfm/catId/3900BEB2-2599-4E9F-B5F09F0DF3E33C7B/obj
(n.d.). Probable Cause. Retrieved from Web site: http://faculty.ncwc.edu/toconnor/315/315lect06.htm
(n.d.). Criminal Justice. Retrieved, from AIU Online Virtual Campus Web site: https://mycampus.aiu-online.com/classroom/multimediacoursetext.aspx?classid=15301&t |
|
 |
|
No reactions yet.
Please login or sign up to rate this intel.
Please login or sign up to add a comment.
The copyright for this content entitled "Defining Probable Cause" has been specified by the contributor as:
All Rights Reserved
This content may not be copied, distributed or adapted by anyone under any circumstances.
|
|
|
This intel was contributed by D. STEVENS
D. STEVENS
|
May, 2012
2008
January, February, March, April, May, June, July, August, September, October, November, December
2009
January, February, March, April, May, June, July, August, September, October, November, December
2010
January, February, March, April, May, June, July, August, September, October, November, December
2011
January, February, March, April, May, June, July, August, September, October, November, December
2012
January, February, March, April, May
|
|
Not a member yet?
Qondio is a powerful network for making it online. If you have a website to
promote, we can help.
Sign up and get in on the action.
|
|
Welcome to Qondio! Discover the awesome power this network can deliver by going to our About page. Or you could skip straight to the Sign Up form.
|
|
