Essay On Probable Cause

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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 be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court” (Free dictionary). In criminal law, any person suspected of committing any crime is immediately arrested and deprived of their liberty. The individual arrested needs to prove to the court that they are innocent of the charges. The Fourth Amendment of the United States Constitution states that any person can be searched or seizure if the law enforcement has a probable cause against those people involved in any illegal activity. If an officer arrests a person without probable cause the case or charges against that person can be dismissed, then the person can allege that the officer violated their rights. In order for an officer to prove probable cause to obtain a search warrant they need to have facts and prove to the judge that the individual committed a crime or is involved in criminal activity. In my opinion and based on what I have been reading, an officer cannot be sued if they make a lawful arrest under …show more content…
The probable cause used to arrest Casey Anthony for the murder of her daughter was after the time that she and her parents reported her child Caylee missing, she lied to the police changing the story multiple times. I remember an article that I had read that said that she did not show any remorse or worries about the fact that her daughter was missing.
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