What Police Actions Require Probable Cause

Words: 1994

Pages: 8

Open Document

1. Please define probable cause. What police actions require probable cause?
Probable cause, which is relatively similar, and is often times confused with reasonable suspicion is found in the fourteenth amendment. Probable cause must be found before an arrest, search, or seizure can be conducted. It’s in the best interest of any officer to make sure they always have probable cause before they search, seize, or arrest someone. The reason being is because if any officer pursues to arrest, search, or seize someone without probable cause, the case will usually be thrown out, and under 42 U.S.C. Section 1983, a person can sue for violation of their constitutional rights. Probable cause can turn into an arrest when the officer is capable of using his knowledge to determine whether someone committed a crime or is about to commit a crime. Probable cause must be based on facts, and not simply suspicion, there has to be a substantial amount of evidence present in order to search, seize, or arrest someone. Several actions are required regarding officers and probable cause. For instance, an officer lawfully pulls someone over because the driver was swerving lanes, the officer approaches the vehicle, and smells liquor within the vehicle or on the driver’s breath, the …show more content…
Reasonable suspicion allows an officer to briefly detain a suspect, either to investigate, question, or frisk them. Unlike probable cause, reasonable suspicion only allows you to briefly detain someone, it does not justify a full search. Reasonable suspicion, is less severe than probable cause, because it requires more of a guess, whereas probable cause, facts as well as evidence is required, also as previously mentioned with reasonable suspicion you can only briefly detain someone, whereas with probable cause you are able to conduct a full

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

Law Cycle 3 Essay

AbdelKareem Suleeman March 23, 2014 Law in Action, Cycle 3 Stop And Frisk The NYPD Stop, Question and Frisk policy allows Officers to search individuals without a warrant only if they have probable cause. This allows Officers to stop and question pedestrians on the streets on probable cause; whether the officer thinks he/she is committing a crime or is about to. The main purpose of the Stop, Question and frisk policy is to frisk individuals for weapons and other illegal contrabands…

Words 875 - Pages 4

Constitution Hw Essay

Banks 30 April 2013 Scenario 1 I. Police woman chases Charles to the back of the store. When the police woman engaged in chasing and following the matched rapist, she was only improving her view of Charles, and therefore not conducting a search. However, when Charles ran away once he saw the police woman, this allowed the police woman to yet strengthen her reasonable suspicion to detain Charles at the back of the store. After the chase, the police woman sees an empty shoulder holster…

Words 2066 - Pages 9

Constitution Law, Reasonable Suspicion V Probable Cause Essay

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…

Words 1517 - Pages 7

Research Paper

description of the robbers in previous local office supply store robberies was given that of two Asian men. Officer Hull and her partner, Officer Powell, were on surveillance when the dispatcher notifies the officer that a citizen at the mall heard what believed to be gun shots in the parking lot. The officers were close by, so they head over to the shopping center. Upon the arrival of the officers, the witness says that she “might have” heard gunfire and saw an Asian man walk into the store possibly…

Words 2297 - Pages 10

Bill of Rights EssayNSAThey are reading

them. While many news sources have done a good job of examining the facts of the story and nothing more, other sources tend to show their own bias by pandering to their market rather than critically examining. In other words, telling their audience what they want to hear. None-the-less despite your bias it appears clear that the NSA is guilty of violating the 4th amendment and trampleing the rights guaranteed by the Bill of Rights. The NSA is an US intelligence agency responsible for the production…

Words 814 - Pages 4

nothing ishere Essay

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, 392 U.S. 1 (1968), the United States Supreme Court ruled that reasonable suspicion requires specific, articulable, and individualized…

Words 3228 - Pages 13

Murder Research Paper

Second Degree Murder and Felony Murder. The mens rea, or mental state, of the individual plays the role in determining what type of murder the person may be charged with and punished for. First degree murder is the most severe form of homicide. First degree murder is the willful, deliberate and premeditated killing of another human being. The willful, deliberate and premeditated is what separates first degree murder from all other forms of murder. Willful means that the person intended to kill the other…

Words 3430 - Pages 14

Speech: Fourth Amendment to the United States Constitution and Nsa Acting Essay

miseducation. The NSA working in secrecy was necessary to keep terrorists and other threats to our country in the dark about what we are doing to keep our citizens safe. It would be dangerous and negligent to make this public information. Many people believe that this is an infringement on our 4th Amendment, but I believe that is caused by a misunderstanding of the governments rights and what they’re doing to actually keep us safe. * · The other piece to this controversy is the concept of serveilance…

Words 1511 - Pages 7

Fourth Amendment Dbq

The Fourth Amendment guarantees that people are free from any unreasonable search. Justice Potter Stewart writes, “[T]he Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his home or office, is not a subject of Fourth Amendment protection” (Document A). In DLKs case, his home is what is searched, and according to Stewart, his house is publically exposed to his surroundings, so the marijuana growing is already producing seen heat. This explains that…

Words 1383 - Pages 6