"a reasonable belief that a crime has been committed" and that the person is linked to the crime with the same degree of certainty.
In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant.
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. — Fourth Amendment to the United States Constitution
2006-11-25 08:14:16
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answer #1
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answered by Smurfetta 7
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Probable cause for an arrest is the same as probable cause for a search. BUT, heres the catch, the search must coincide with the arrest, so to speak. I, as an Officer could stop you because you ducked down a dark alley when you see me approaching (Suspicious activity constitutes probable cause) Say I walk up to you in that dark alley and ask you your name and you refuse to give it to me (more probable cause), I can detain you to try and find out why you are there AND I can search you, BUT I can only perform what is known as a "Terry Stop" or a "Pat Down" to see if you are carrying weapons (an Officer has the right to ensure his own safety) I could NOT order you to strip and search your clothes, say, or order you to remove your shoes to see if you have a weapon under your foot, since this area is not immediatly accessable to you. I know it's confusing (you should TRY being a Cop sometime!) I hope this helps. there are some very good books at the library if you care to learn about Police search and seizure.
2006-11-25 11:04:10
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answer #2
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answered by SGT. D 6
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if there is probable cause for an arrest then there is probable cause for a search
2006-11-25 08:14:08
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answer #3
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answered by ♥ gina ♥ 4
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