Examples Of Probable Cause Essay

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Probable Cause → Probable Cause exists when facts and circumstances would lead a reasonable person to believe an offense has been committed -or- is being committed -or- that the place to be searched contains “fruits or instrumentalities” of a crime.

Particularity → The places to be searched and items to be seized must be stated in the warrant with particularity. For example, if a search warrant is issued for a boat, it should particularly state where law enforcement is authorized to search… everything else is off limits. [Exceptions to be discussed below].

Neutral & Detached Magistrate → All magistrates are not attorneys, however, in order to issue a valid search warrant, they must have completed training regarding probable cause (which should be all magistrates). Additionally, the magistrate cannot have any personal, emotional, financial, or any incentive to issue the warrant except for the pursuit of justice.

Proper Execution → Again, a search is limited to places stated with particularity in the warrant. I.e., if law enforcement is searching a garage looking for a boat, they cannot search within cabinets and …show more content…
The person who gives the permission must be considered ''in control" of the area that he has consented for the police to search. Normally, a person may only give permission to search his or her own belongings or property. However, in some circumstances a person (e.g, a parent, etc.) can agree to a search if another person's property; this is usually someone they live with. The Supreme Court has said one spouse cannot give permission for a warrantless search of his or her home when the other spouse is present and objects to the search. A caveat to consensual searches is that the consent must be given freely and voluntarily. A citizen’s lack of knowledge regarding the right to refuse is a factor in determining whether consent was voluntarily
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