LindaSexton
Linda Sexton began her writing career in 2001 when she created her company's first newsletter. She also writes two blogs, classic movie reviews, short stories and poetry. Sexton has a Bachelor of Arts in Medieval studies from Southern Methodist University, and is finishing her Master of Arts in Icelandic studies.
Probable cause originates from the Fourth Amendment of the U.S. Constitution, with the intent to prohibit inappropriate search and seizure by the government. Our Founding Fathers' experience with British authorities randomly stopping, seizing and searching individuals without cause gave them motive to guard against it in the new government. Further, no warrants shall be issued without probable cause or support by the courts. General warrants were replaced with documents that stated specific parameters of what is to be searched and where.
- Where there are grounds for suspecting an individual has committed a crime, there should be probable cause for making a charge against the accused. As defined by the U.S. Constitution's Fourth Amendment, "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 the persons or things to be seized."
Civil and Criminal
- Necessary in both criminal and civil law to prosecute or support a claim, probable cause becomes essential in the application of criminal law. When levying a claim in civil court, the consequences involve only the loss of property; the defendant may also counter-sue if the plaintiff cannot prove the case. In criminal law, however, the defendant not only faces the loss of property, but the action may lead to the loss of individual liberty.
Reasonable Suspicion
- Probable cause must be present for law enforcement to arrest and prosecute an individual. This does not mean, however, that an officer must have absolute certainty that a crime has taken place to detain someone. While absolute guilt is rarely present, officers can restrain an individual to conduct further investigations. This exception to the probable cause standard allows law enforcement to stop, investigate or frisk an individual based on the officer's experience, training and reasonable suspicion. Reasonable suspicion is less than probable cause, but is enough knowledge to lead a reasonably cautious person to believe a crime has occurred.
Justification
- How much evidence must be present to constitute probable cause depends on circumstances. If an officer stops an individual because his car has an expired inspection sticker, the officer would not have justification for searching the vehicle or its occupants. If, however, while addressing the driver the officer sees in plain view a bag that appears to contain an illegal substance, probable cause is present to search the inside of the vehicle as well as the individuals in the car.
Plain View
- Most state laws allow an officer or any other person to arrest an individual when a felony or offense against the public peace is committed in their view. A warrant is not necessary, as the probable cause would be part of witnessing the act itself. Defense to any repercussions for arresting without a warrant is that the officer or individual acted in good faith under prudent and reasonable standards.
- References
- Top 5 To Try
- U.S. Government Printing Office: Constitution of the United States--Fourth Amendment--Search and Seizure
- America.gov: Glossary of Terms for Jury Trials
- Legal Database: What is Reasonable Suspicion?
Read more: What Constitutes Probable Cause? | eHow.com http://www.ehow.com/about_7522376_constitutes-probable-cause.html#ixzz1iEQTZdzy
