What are some elements, which can give rise to Probable Cause?
2006-11-30 15:01:18 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
What are some elements, that can GIVE RISE to probable cause??????
2006-12-01 03:41:40 · update #1
Visible open container (alcohol), funny smelling cigarettes, blood dripping from the trunk?
I guess I'm assuming that you meant probable cause to search your car.
2006-11-30 15:03:34 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Probable cause comes from many forms, a crime commited in plain view needs no probable cause, however if the officer has gathered enough evidence for a reasonable man to believe a crime may have been commited then he/she has gathered probable cause. Basically all a cop needs to do is articulate in court why he/she did something
2006-12-01 03:40:22 · answer #2 · answered by kgsult 2 · 1⤊ 0⤋
In Canada we call probable cause "reasonable grounds".
Defined as: A set of facts or circumstances which would lead a cautious and prudent person to believe and which goes beyond mere suspicion.
This is the test that police officers are supposed to use to weigh evidence before laying charges.
2006-12-01 01:32:44 · answer #3 · answered by joeanonymous 6 · 1⤊ 0⤋
Cops will lie about probable cause, or strech credibility to the limit to get a "clean" bust. In one case (Portland OR.) a cop reported his probable cause as "missing screws from license plate, leading me to believe the car was recently stolen and had the tags switched"
Fortunately the judge kicked that one out... But that is what the citizen is up against.
2006-12-01 01:30:41 · answer #4 · answered by Gunny T 6 · 1⤊ 0⤋
"The Supreme Court decision Illinois v. Gates (1983) lowered the threshold of probable cause by ruling that a "substantial chance" or "fair probability" of criminal activity could establish probable cause."
2006-11-30 23:14:12 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Probable cause for what?
2006-11-30 23:02:39 · answer #6 · answered by hotmama 4 · 0⤊ 1⤋
Pretty much anything. You need an attorney.
Unfortunately, even with one the cost of fighting this type of issue is prohibitive.
2006-11-30 23:03:04 · answer #7 · answered by Anonymous · 0⤊ 1⤋