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2006-06-28 15:53:45 · 12 answers · asked by debbie_gibbs2001 2 in Politics & Government Law & Ethics

12 answers

In the US, you are arrested on probable cause, if you can not make bail you will be held till court. ( this can take up to a year in some cases)

2006-06-28 15:59:10 · answer #1 · answered by Anonymous · 6 3

In order to make an arrest (you've been arrested if you're in jail), you MUST have probable cause to believe a crime has been committed. If there is a question as to whether or not there is probable cause, the defendant may request a preliminary hearing (usually within 48 hours) to determine whether there was indeed probable cause to make an arrest.

But probable cause is evidence sufficient, based upon the totality of the circumstances, to believe a crime has occurred.

2006-06-28 22:58:52 · answer #2 · answered by Anonymous 20-Something 3 · 0 0

Many laws and courts allow a certain amount of time after arrest to get a warrant (or arraignment). In most US courts, this is 48 hours, though it varies by state.

Probable cause is the constitutional standard required for a search or an arrest under the 4th Amendment. A warrant based on probable cause is required for an arrest from or search of a home (because of the special protections afforded homes), or to hold someone longer until arraignment.

2006-06-28 22:55:38 · answer #3 · answered by coragryph 7 · 1 0

Only for a limited period of time. A suspect can be arrested on a probable cause standard. If the time period they are held before being formally charged with a crime becomes unreasonable, a lawyer can and should force the police and district attorney to either charge them with a crime or turn them loose under the due process clause. Then, if charged, the prisoner is also entitled to a bail hearing within a reasonable time period under the due process clause. "Unreasonable" varies a bit from one jurisdiction to another, so you need to consult a criminal attorney in your own state and county for further guidance.

2006-06-28 23:09:51 · answer #4 · answered by Fogjazz49-Retired 6 · 0 0

Probably Cause means that before a police officer or other government worker can get a search warrant to come into your home, they must submit some type of credible evidence which suggests that (more likely than not) a crime has occurred.They have to use evidence that is more believable than an anonymous tip. Good Luck !

2006-06-28 23:04:21 · answer #5 · answered by SpongebobRoundpants 5 · 0 0

I thought probable cause only gave police the right to search a vehicle or residence without a warrant?

2006-06-28 22:57:26 · answer #6 · answered by rockEsquirrel 5 · 0 0

You can be arrested for probable cause if there are reasons to think that you have committed a felony. I have forgotten, it is 48 or 72 hours, you must be charged or released.

2006-06-28 23:02:51 · answer #7 · answered by Anonymous · 0 0

Because there is a probable cause.....sorry to repeat your question...but it really is the answer. The time they can keep them is limited to 24 hrs. I believe...if they don't find any more reason to keep them, they have to cut them loose.

2006-06-28 22:58:20 · answer #8 · answered by loubean 5 · 0 0

It's a flaw in the system--one of those things that no one talks about until it hits close to home---I am sorry if it has happened to someone you love.

2006-06-28 23:11:01 · answer #9 · answered by Steven D 3 · 0 0

why-
probable cause

2006-06-28 22:57:14 · answer #10 · answered by G. M. 6 · 0 0

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