Probable cause

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  • Officer Smith's Decision-Making

    I say that because they have in their head that the person they just stopped for a simple traffic violation is a criminal in some type of way. In my opinion, Officer Smith didn’t have probable cause to frisk the young lady. Yes, the officer believed that the vehicle was involved in another crime, but like I stated before, Officer Smith had already stereotyped the young lady with long braids, tattoos and piercings as “one of those”. This essay was for us to use critical thinking and to analysis the situation. After it’s all said and done, I believe that the only thing the girl should be charged with is fleeing from the police officer, but with that the officer needs to answer why she made the stop in the first place when in fact her taillight was working and the vehicle was not a part of the roadside killing. After reading this case, I am convinced that all officers needs to be asked a series of questions to insure that they are…

    Words: 769 - Pages: 4
  • Justice White's Argumentative Analysis

    Court in excepting school searches from the warrant and probable cause requirement, and in applying a standard determined by balancing the relevant interests.” The Dissent Although a few of the Justices agreed with the reasonable suspicion standard, others did not quite understand it, nor did they agree with its prospective impact. Namely, Justice Brennan and Justice Stevens, both joined by Justice Marshall, concurred in part and dissented in part. Justice Brennan in particular agreed that it…

    Words: 961 - Pages: 4
  • Constitutional Challenge Case Study

    such as these are allowed in most states. The length of time officer Edwards interrogates Jane might be questionable. Considering that he notes no signs of intoxication of any passengers after a minute or so, it could be seen as unreasonable that he would hold her for another three minutes to interrogated her about where she was coming from and going. Therefore this specific stop might not survive a constitutional challenge. Officer Edwards then asks the passengers to exit their vehicle.…

    Words: 1762 - Pages: 8
  • Sam Kant Case Analysis

    Nevertheless, if security witnessed Kant at the point in which he stood in line, it would have recognized that Kant possessed two cases of cans. Security also had ample opportunity to question Kant regarding his actions of bringing a Hoover 's case of beaked beans into Bilmart, holding a case of Handell 's beans soon after, visiting the customer service line, walking to the donation cart, and then to the store exits. Regarding probable cause, security has the responsibility to conduct…

    Words: 809 - Pages: 4
  • Fitness Testing Violations

    Once an arrest has been made the arresting office has 48 hours to prove to the judge that there was probable case for the arrest even on the 48 hours includes the weekend or holiday. If evidence is seized illegally the it will be thrown out using the exclusionary rule that states; “A rule under which any evidence that is obtained in violation of the accused’s rights, as well evidence derived from illegally obtained evidence will not be admissible in court.” (Gains, 216). However there is a few…

    Words: 1461 - Pages: 6
  • 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…

    Words: 421 - Pages: 2
  • 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).…

    Words: 462 - Pages: 2
  • What Is Probable Cause

    Reasonable suspicion and probable cause can each play a role in making an automobile stop, however the terms are used interchangeably. The term, probable cause” is used to “support” a traffic stop, whereas the term “reasonable suspicion” is used as a standard that complies with the Fourth Amendment; the right against “unreasonable” searches and seizures. So if officers are within the rights, he may then proceed to stop a vehicle; that is if he has “reasonable suspicion” to believe that a traffic…

    Words: 262 - Pages: 2
  • What Is Probable Cause?

    May’s criminal past gave them reasonable suspicion to suspect him of the crime, since he had a history of criminal activity. Cruz and Hamrick have probable cause to suspect Mr. May. The Supreme Court as more than basic suspicion has defined probable cause. The detectives had probable cause to suspect Mr. May of the crime since; both the victim and the eyewitness identified him. Probable cause is required in order to protect the suspects Fourth Amendment right to the protection of an…

    Words: 1074 - Pages: 5
  • Probable Cause Case Study

    The definition of probable cause was first outlined in the case of Brinegar v. United. The justices in the cases concluded that probable cause is more than mere suspicion it exists when the facts and circumstances within the officer’s knowledge of which they had trustworthy information are sufficient in themselves to warrant a man of reasonable caution that an offense has or will be committed. As this case defined probable cause the court set forth a two-prong test established in…

    Words: 500 - Pages: 2
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