Why Probable Cause Exists

The Fourth Amendment to the constitution states a person's right to privacy and protects people from unlawful search and seizures. In order for a law enforcement officer to be able to conduct a lawful search and seizure, the officer must provide a search warrant or have probable cause. However, there are some exceptions to this requirement. Under normal circumstances, a law enforcement officer must first indicate that probable cause exists. Probable cause is defined as but is not limited to, a reasonable belief that a crime has been committed or that somebody has committed a crime. After proving that probable cause exists the law enforcement officer must then wait to receive approval from the judge who then has to assess the existence of probable …show more content…
Consent is one of the many types of exceptions that typically involves an individual giving law enforcement the right to search him or herself or their residence without a warrant. In order for the consent to be valid, it must be given without coercion or deceit. For the second exception, search incident to lawful arrest, law enforcement officers are allowed to legally search a person or their surroundings immediately after their arrest no matter what the individual was arrested for. Once the suspect is removed from the premises where the arrest took place all searches must come to an end. The purpose of this exception is to locate any possible weapons and provide a sense of safety to the officer during the process of an arrest. The third exception is known as the plain view doctrine which allows law enforcement officers to possess any evidence that is in plain sight of the officer. The rule also allows law enforcement officers to use flashlights or vehicular spotlights to help reveal objects in plain view at night. Although the exception does exclude extraordinary measures such as the use of special devices or techniques. The fourth exception is the hot pursuit exception which authorizes law enforcement officers to follow