Probable cause is always necessary when making arrests in order to be valid as provided for under the Rules of Court.
2006-11-17 17:45:23
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answer #1
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answered by FRAGINAL, JTM 7
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It is unavoidable. You certainly couldn't tell them they didn't need cause to do something. The question you really want to ask is, should police have the wide, sweeping authority that they do. The answer is probably yes and no. I am a socialist and liberal so beleive me when I say that I'm not the most pro-law person, but still in all fairness I have to say the police have to have some kind of judgement based authority or we just shouldn't have police because they would be useless. If everyone was entitled to full due process before any police contact, you could never effect an arrest. Someone could shoot someone else in front of the police and they would be powerless to arrest the offender until after a court review and indictment.
2006-11-18 01:34:33
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answer #2
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answered by brooklyn 2
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Probable caused is spelled out in laws and yes they should have probable cause as REQUIRED by the US Constitution!
Depends on what you mean by everything, having a person come in and talk, no, until they say stop or ask for a lawyer!
Amendment IV
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.
AMENDMENT XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section. 9.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
2006-11-18 02:16:11
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answer #3
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answered by cantcu 7
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Like in Minority Report? Probably not. The "probable cause" laws are constantly being edited, updated, and remanded.
2006-11-18 01:32:36
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answer #4
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answered by trans fat is good! 2
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not really but it seems to be the latest fad;and this goes on any type of probalble reason and discovery proceses in murder cases;
2006-11-18 01:40:30
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answer #5
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answered by feeling hopeless 1
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