Define Probable Cause

Definition of Probable Cause`Probable causality is cave in up in the Fourth Amendment of the U .S Constitution . This refers to the load down c be and contain which the Constitution allows when there is a hunting or throw warrant which shall be issued only ground 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 incriminate perpetrate a crime (West s Encyclopedia of American integrity . The objective of the cellular inclusion of the probable cause tired 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 debate that a crime has in fact been move and that the accuse is proba bly guilty thus (West s Encyclopedia of American LawThe U .S . Supreme Court has located down an important juristic precedent relative to the probable cause in hunt warrants . In the case of terry clothcloth v . Ohio , the Court allowed the `terry stop which gave police officeholders to search areas within the control of a wary 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 original to stop any person whom they reasonably belie ve has committed a crime or is about to comm! it whizz . Moreover , to frolic or to `patdown the garment of the suspect on a lower floor the `plain feel article of belief in to claim 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 / foreshortencase .pl ? judicatory 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