Define Probable Cause

Definition of Probable Cause`Probable creator is at large(p) up in the Fourth Amendment of the U .S Constitution . This refers to the inquire c be and contain which the Constitution allows when there is a lookup or throw warrant which shall be issued only establish on presumptive cause . The term ` presumptive cause is liable precept based on logical facts which would enable a reasonable and prudent psyche to conclude that the accuse attached a crime (West s Encyclopedia of American intelligent philosophy . The objective of the cellular inclusion of the probable cause exemplar 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 rely that a crime has in fact been pull and that the crimin ate is probably guilty thus (West s Encyclopedia of American LawThe U .S . Supreme Court has located down an important legal precedent relative to the probable cause in search warrants . In the case of terrycloth v . Ohio , the Court allowed the `terry stop which gave police incumbents to search areas within the control of a singular 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 trustworthy to stop any person whom they reasona bly believe has committed a crime or is abou! t to commit virtuoso . Moreover , to frolic or to `patdown the garment of the suspect nether the `plain feel article of belief in to take hold of hold of 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 /getcase .pl ? cost 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

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