Police officers often need to document probable cause in their reports - justification for taking action such as making a traffic stop, performing a search, or initiating some other action. Free probable cause essay sample on the other hand, a probable cause for search is one in which there is a good reason beyond doubt that a suspect could be a criminal, in possession of illegal items or that search could provide evidence on the suspects involvement in criminal activities. The probable cause forms the basis of legality for arrests, searches and seizures without a warrant the major goal of this paper is to discuss the fourth amendment warrant requirement and justifications for warrantless arrests and searches. Reasonable suspicion vs probable cause there's a big reason why the terms reasonable suspicion and probable cause are often confused with each other being two different levels of suspicion, the two are frequently interchanged by mistake under criminal law, reasonable suspicion is defined as a lower level or. Reasonable suspicion is seen as more than a guess or hunch but less than probable cause probable cause is the logical belief, supported by facts and circumstances, that a crime has been, is being, or will be committed.
Free research essays on topics related to: fourth amendment, probable cause, unreasonable searches, united states supreme court, law enforcement officer research essay sample on arrest search warrants and probable cause. 4-6 pages apa formatting, running head, number pages, abstract, introduction, conclusion,references please check for plagiarism can you please add more examples, cases,etc to your assignments assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also has probable cause to believe that the person is hiding in a. Probable cause and reasonable suspicion are two legal terms used in the united states legal system, in this essay i will be comparing and contrasting the two terms as well as providing examples.
Probable cause and arrest by private citizens are interrelated because probable cause is the ground for arresting person who has committed a felony or offense often suspects are released due to lack of evidence and, therefore, before arresting a police officer or civilian should consider whether there is a reasonable cause of making arrest. Within this essay i will define and discus the differences between probable cause and reasonable suspicion, as well what constitutes reasonableness also, i will discus four of the fourth amendment’s exceptions to the warrant requirement with several examples. 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, supported by oath or affirmation, and particularly describing the place to be searched, and. Probable cause exists when there is a reasonable basis for believing that a crime has been committed and that evidence for the crime is present in or on the persons or places to be searched (probable cause, nd. Essay instructions: find a recent news article on the internet that concerns probable cause and criminal procedure write a summary of the article in which you analyze the requirements for search and arrest warrants and how they relate to probable causein addition, discuss exceptions to warrant requirements.
In addition to driving patterns, an officer’s observations during a traffic stop can supply the necessary probable cause for a dui arrest to justify an arrest, officers often cite factors like the odor of alcohol, bloodshot eyes, slurred speech, and odd behavior. Probable cause and reasonable suspicion essay parts of a research paper introduction paul orwell essays shooting an elephant summary essay fast food pros cons hero introduction essays essay on beauty is but skin deep illustrate essay argumentative essay on the kite runner analytischer sprachbau beispiel essay essay writing for canadian. Thus, this leaves this determination up to the courts to decide case by case probable cause quantitates specific levels of suspicion and is based on facts and prudent belief of guilt, thus allowing a law enforcement officer to perform a warrantless search. Since probable cause is required, this is an advanced type of report writing the good news is that any officer who understands probable cause can easily write this type of report many corrections reports fall into this category: the officer observes or interacts with an inmate who is violating an institutional rule.
Assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also has probable cause to believe that the person is hiding in a third person’s garage, which is attached to the house. Find a recent news article on the internet that concerns probable cause and criminal procedure write a 500 word summary of the article in which you analyze the requirements for search and arrest warrants and how they relate to probable cause. Expert reviewed how to write a probable cause statement two parts: preparing to write the statement writing the probable cause statement community q&a when the police want a search warrant or an arrest warrant, they must convince a judge that probable cause exists to either search someone’s property or to arrest them. In order for an officer to search a person they must have some sort of reason for doing so this reason is also known as probable cause the officer must have some sort of feeling that the individual that they want to search may be carrying something that could cause harm to that person or to the officer doing the search.
To determine whether an officer had probable cause to make an arrest, a court must examine the events leading up to the arrest, and then decide “whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to” probable cause. More essay examples on criminal law rubric certain standards are required when coming up with probable cause there is a certain process by which a warrant is issued, and all officers must obey all suspects of the fourth amendment rights.
Probable cause is a legal standard that allows a police officer to review and search personal property, obtain a warrant of arrest and make an arrest if they have the belief that an individual is in possession of something that makes him criminally liable. Reasonable suspicion vs probable cause essay sample introduction probable cause and reasonable suspicion in law enforcement are important terms used as a guideline to police officers or law enforcement agencies (lushbaugh, 2012. Probable cause essays probable cause essays 937 words dec 10th, 2010 4 pages show more tillian stokeling november 10, 2010 criminal procedures mid- term probable cause does not rise to the level of proof beyond a reasonable doubt but must be beyond a mere hunch or guess the legal standard to a probable cause arrest is when an officer finds.