Probable Cause

The Fourth Amendment was put into place to protect the rights of the American people to be free from unreasonable searches and seizures. The U.S. Constitution specifically states “no Warrants shall issue, but upon probable cause…” (U.S. Constitution – Amendment 4). Additional, the U.S. Supreme Court ruled that some searches and seizures may be classified as constitutional based on reasonable suspicion and not justified as probable cause. (Lushbaugh, C. A. and Weston, P. B. (2012) Probable cause is a discretionary law that is left up to the officer to determine if he/she has adequate information to entertain probable cause. This action much be established before a search, seizure, arrest and(or) warrant can take place. In the case of Brinegar v. United States 338 U.S. 160 (1949), where Brinegar challenged the legality of his conviction. An officer recognized him as he traveled on the highway and noticed that his vehicle was heavily overloaded. Upon approaching the vehicle, the …show more content…
For example, if a person is suspected of committing a murder, an officer has the right to stop and frisk the suspect to determine if he/she has any weapons. However, a person that is in a known drug area, but a connection cannot be established (e.g. physical signs of drug use) an officer does not have grounds for reasonable suspicion. The officer must be able to provide specific evidence to warrant an incriminating character. American citizens are protected under the U.S. Constitution against unlawful detainment and unlawful searches of their property. Therefore, it is important for officers to uphold the law with the upmost respect and apply the correct legal standards to every situation based on facts and circumstances. Probable cause and reasonable suspicion both are left to the rationalization of the officer and should be conducted with compos mentis and unbiased