Essay On Probable Cause

Probable cause will not become stale as long as probable cause to arrest exists. However if new information comes out that says that the individual is not guilty, then probable cause becomes stale (Ingram, 2009). Whether or not probable cause becomes stale is based on several other factors as well, including the amount of time that has passed since the warrant was issued, the nature of criminal activity, and the property that is the subject of the search (“Police Prosecutor Update,” 2001). Despite how easy it is for probable cause to become stale, stale probable cause to arrest rarely becomes an issue. This is because as time passes in an investigation, police can actually obtain more evidence. In fact, within the extended period of time, the police will more than likely obtain new incriminating evidence rather than evidence that supports the defendant being not guilty. However, if police find new evidence that claims the individual in question is not guilty, then probable cause will cease to exist (Ingram, 2009). …show more content…
Once the statute of limitations expires, then probable cause no longer exists; therefore, the individual cannot be arrested. The statute of limitations limits the amount of time that a prosecutor can have before they begin criminal proceedings (Hayes, n.d.). It is important to note that the statute of limitations does vary depending on the state in which the criminal act has occurred and it varies depending on the crime itself. Therefore, if the crime was severe enough, the statute of limitations may be longer than it would be for a less serious offense. Also, in certain states, the statute of limitations may be extended for a period of time if the individual becomes a fugitive, but this is only permitted in those particular states (Hayes,