Probable cause

The police must determine a crime happened and establish probable cause from there, it is irrelevant where the suspect in question is currently located. The location of the suspect to be arrested has no bearing on whether or not he/she committed the alleged crime. Therefore, the police establishing probable cause as to the suspect 's location is unneeded. Search warrants are issued upon probable cause to include any areas in which items sought after can be found. Hypothetically…

Police have probable cause to arrest passengers in a vehicle where an illegal substance are found, as the presence of drugs allows reasonable officers to conclude that probable causes exist that a crime has been committed in their presence. Due to the small and contained area of a vehicle it is reasonable to assume that all occupants have knowledge…

the United States Constitution which states, in part, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…” The constitution does not provide definition of what constitutes an unreasonable search and seizure, nor does it define the term effects as it pertains to the venue being searched in this instance. Thus, case law interpreting these…

frisk an individual versus "probable cause" to arrest and individual. Reasonable suspicion is the presumption a crime has been committed or will happen. Based on the evidence informed by police officers experience and interpretation. But, is less than probable cause to an arrest. Probable cause, holds a belief given by facts and more of concrete evidence of a crime. For example, police need reasonable suspicion to stop and frisk and individual. While, in probable cause must exist if the police…

were arrested for possession of drugs and large sums of money but Pringle took full guilt. Pringle first filed a motion with the trial court to suppress his confession with claims that his arrest was illegal because the officer did not have probable cause to arrest him. The trial court denied his motion and he was convicted of possession with the intent to distribute cocaine and possession of cocaine and sentenced to 10 years in prison without the possibility of parole. The Court of Special…

being the totality of circumstance approach which states that all facts and circumstances in the given situation should be looked at in each case individually, meaning that the whole picture needs to be examined in order to determine if there is probable cause to enter someone’s property for searches and seizures; the other approach being the Aguilar-Spinelli two pronged test, which was developed in Aguilar v. Texas and Spinelli v. United States and the two requirements were that, “The…

However both must have probable cause. The fourth amendment is what protects us from unreasonable searches and seizures. The two important thing with this amendment is the requirements of probable cause to get a warrant and it how it prohibits unreasonable search and seizures. Probable cause is when an officer has reasonable facts that a crime has occurred or is about to occur, it can’t just be a suspicion. To arrest someone without a warrant the officer must have probable cause before he even…

Citation: Arizona v. Hicks, 480 U.S. 321 (1987) Parties: State of Arizona, Petitioner James Thomas Hicks. Respondent Facts: In this case, Respondent fired a bullet through the floor of his apartment, striking the person who lives in the apartment below him. Upon arriving at the scene, police entered the apartment to search for Respondent. While at the scene, a police officer found two sets of expensive stereo components and became reasonably suspicious of where it was located. Because of his…

point did the officer have probable cause? Is the arrest considered legal and what determines whether or not an arrest is…

law and keep suspect rights intact. The most important, is for an officer to uphold a persons Fourth Amendment Rights, which gives people the right to be safe and secure in their home and are protected from unreasonable search and seizures. Probable cause must be in place to issue a warrant to search a person’s place. If the Fourth Amendment is violated as in the case “Mapp v Ohio any evidence obtained in violation of the Fourth amendment can not be used in a state law criminal case.”…