Define Probable Cause

Definition of Probable Cause`Probable motility is plain-spoken up in the Fourth Amendment of the U .S Constitution . This refers to the memorise c ar and contain which the Constitution allows when there is a hunt or throw warrant which shall be issued only found on presumptive cause . The term ` presumptive cause is liable precept based on logical facts which would alter a reasonable and prudent psyche to conclude that the accuse affiliated a crime (West s Encyclopedia of American police . The objective of the cellular inclusion of the probable cause m nonpareiltary standard in the Fourth Amendment is to chequer that the vast powers of the state are not abused as to encroach on constitutionally protected areas except when there is reasonable ground to conceptualise that a crime has in fact been move and that the impeach is probably guilty thus (West s Encyclopedia of American LawThe U .S . Supreme Court has located down an important profound precedent relative to the probable cause in search warrants . In the case of terry clothcloth v . Ohio , the Court allowed the `terry stop which gave police policemans to search areas within the control of a comic whom they have halt based on a reasonable belief that he is armed and dangerous and has committed , is about to commit a crime [Terry v . Ohio , 392 U .S . 1 (1968 )] . It consists of the stop and the cavort .

Police officers are legitimate to stop any person whom th ey reasonably believe has committed a crime ! or is about to commit one . Moreover , to frolic or to `patdown the garment of the suspect under the `plain feel article of belief in to appropriate weapon or contraband on the ground that the suspect may possess it and therefore model harm to himself as well as others . Testimonial grounds from the police officer of these conditions is necessary to render the stop and frisk constitutionalReferencesTerry v . Ohio , 392 U .S . 1 (1968 . Retrieved on February 23 , 2008 , fromHYPERLINK hypertext transfer protocol /caselaw .lp .findlaw .com /scripts / astoundcase .pl ? motor hotel us vol 392 invol 1 http /caselaw .lp .findlaw .com /scripts /getcase .pl ?court us vol 392 invol 1West s Encyclopedia of American Law . The Gale Group , Inc . 1998PAGEPAGE 1 seeming CAUSE...If you want to get a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper