Constitution Law, Reasonable Suspicion V Probable Cause Essay

Words: 1517
Pages: 7
Open Document
Kristen Fortin
Kaplan University

CJ:140 Introduction to Constitutional Law
Professor Robert Winters
February 22, 2014

Abstract: Pertaining to the differences between probable cause and reasonable suspicion within law enforcement can determine the difference between a legal search and seizure and police officers obtaining evidence in an illegal manner. Officers need to handle each situation when probable cause and reasonable suspicion is involved. Determining what is reasonable and what is not takes great skill, perseverance, comprehension of the law, and an innate intuitiveness on the part of the officer. The Fourth Amendment clearly defines the exceptions to the warrant requirement. …show more content…
But, reasonableness has acquired a few vastly different meaning depending upon what it is pertaining to as well as what part of the Fourth Amendment it is referring to. Several paramount cases have defined “reasonableness” quite differently. Such as; “What is reasonable depends upon a variety of considerations and circumstances. It is an elastic term which is of uncertain value in a definition.” (Sussex Land & Live Stock Co. v. Midwest Refining Co., 1923), and “Not extreme. Not arbitrary, capricious or confiscatory” (Public Service Comm’n v. Havemeyer, 1936), and “That which is fair, proper, just, moderate, suitable under the circumstances, fit and appropriate to the end in view, having the faculty of reason, rational, governed by reason not immoderate or excessive, honest, equitable, tolerable” (Cass v. State, 1933). These cases clearly have their own perceptional descriptiveness constitutionally speaking. Reasonableness is that distinct area at which the government’s attention progressed by a specific search and seizure prevails over the deficit of personal privacy. Reasonableness saturates the law, thus how it is determined definitely depends upon what specifically is pertains to. But all in all, it has been justified by several descriptive cases within the criminal justice arena.

Exceptions to the Warrant Requirement: 1. Searches leading to a legal arrest: Searches that can lead to a
Show More

Related Documents: Constitution Law, Reasonable Suspicion V Probable Cause Essay

Essay On Probable Cause

Define probable cause. How does the Fourth Amendment of the U.S. Constitution apply to probable cause? Discuss what happens if an officer arrests without probable cause. How does an officer prove probable cause to obtain a search warrant? Can an officer be sued if they make a lawful arrest or obtain a search warrant based on probable cause? How is probable cause different from reasonable suspicion (Terry v. Ohio, 1968)? Probable cause “is a level of reasonable belief, based on facts that can…

Words 476 - Pages 2

Reasonable Suspicion Pros And Cons

possibility of violating the Fourth Amendment is having probable cause so that one's home can be legally searched and evidence can be seized. When something is about to be searched, or seized there must be probable cause or reasonable suspicion in order for an individual’s rights to not be violated. There is a difference between probable cause and reasonable suspicion under the Fourth Amendment. The Constitution does not explicitly state what probable cause is. It just says in the Fourth Amendment, “The right…

Words 1290 - Pages 6

Essay On Fourth Amendment

can search students’ lockers or personal belongings based on reasonable suspicion that the students possess contraband that is either illegal or in violation of school policy. The majority of search and seizure cases in schools involve the confiscation of either illegal drugs or weapons. Students have asserted that warrantless searches conducted by school officials impair their rights under the Fourth Amendment of the U.S. Constitution. Through an extensive line of decisions, the Supreme Court has…

Words 448 - Pages 2

Case TLO V. New Jersey

violated and she should have been innocent. In the case Katz v. United States, Katz was suspected of involvement of illegal gambling activities, and he was relaying gambling information across the phone in a public telephone booth. It was ruled unconstitutional because the FBI needed a warrant to listen in to Katz's conversations which was done without a warrant and therefore the charges were dropped and he was released. In the case T.L.O v. New Jersey a 14-year-old girl was caught smoking in the bathroom…

Words 673 - Pages 3

Exam Questions Essay

expression: The First Amendment to the U.S. Constitution protects freedom of speech, press, religion, and assembly and petition. The First Amendment is applicable not just to Congress and the federal government, but to state and local public officials and entities as well. Protection of speech by the First Amendment is intended to encourage the free flow of ideas and to protect individuals whose speech may be considered unpopular or dissentious. Tinker v. Des Moines (393 U.S. 503 (1969)) Tinker (Petitioner)…

Words 2283 - Pages 10

Hairston Vs Virginia Case Study

CASE BRIEF Caption: Najee Finique Hairston v. Commonwealth of Virginia, 67 Va. App. 552 Facts: A police officer had spotted the appellant driving at high speed and overtaking dangerously. The officer did not stop the appellant immediately but only managed to find him three hours later. Upon searching the car, the police officers found cocaine and synthetic marijuana together with packaging materials and other paraphernalia. The defendant was arrested for possession of cocaine and cannabimimetic agent…

Words 344 - Pages 2

4th Amendment Case Study

the Fourth Amendment of the U.S Constitution, it protects anyone from unreasonable government searches and seizures which this can be expanded to the protection to your computer and cell-phones. Probable Cause causes a problem with the Fourth Amendment, since it gives the policeman a probable cause to search you if they suspect you may be in possession of anything that can be against the law. Luke Duke argues that he was violated of his rights under the constitution, where Sheriff Rosco P. Coltrane…

Words 673 - Pages 3

nothing ishere Essay

standards[edit] Reasonable suspicion[edit] In the United States, "reasonable suspicion" is a low standard of proof to determine whether a brief investigative stop or search by a police officer or any government agent is warranted. It is important to note that this stop and/or search must be brief; its thoroughness is proportional to, and limited by, the low standard of evidence. A more definite standard of proof (often probable cause) would be required to justify a more thorough stop/search. In Terry v. Ohio…

Words 3228 - Pages 13

Katz Case Study Summary

Abstract Utilizing the case studies of Katz, Jones, and Kyollo test, this paper reflects on the understanding of how law enforcement advancement in protocols influences the public’s view on government’s expectations of security and protection under the Fourth Amendment permissibly diminishing the scope of the rule. This paper does examines the cases of Katz “expectation of privacy,” Jones establishment of reasonability, and Kyllo pre-warrant searches to gather data to perpetuate the need for a warrant…

Words 1523 - Pages 7

Argumentative Essay

on school grounds. 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 upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons and or things to be seized.”5 Many argue that searching students for drugs violates their Fourth Amendment right not to be subjected to…

Words 1310 - Pages 6