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IN your OWN words.

What's the definition of probable cause?

2006-12-03 10:39:50 · 15 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

15 answers

Simply put probable cause refers to the amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect.

Once a suspect is arraigned, his lawyer can bring up the issue of probable cause and present it before the presiding judge. If the judge doesn’t believe that probable cause existed at the time of the arrest, the suspect will be released from custody. Police officers have an obligation to make a good faith effort to ensure that probable cause exists, but if they make a mistake in the judge’s eyes, the judge can overrule their judgment.

2006-12-03 10:48:48 · answer #1 · answered by Albertan 6 · 1 0

Hi there,
Your question depends on what the situation is and where in the global would you want this question to be based on.
If you ask me as an American citizen; Probable cause refers to the standard in which a police officer or any government authority would make an arrest based the believe that this individual has committed a criminal action.
But in this and other cases, a probable cause cannot be more than a word if the person has not been given the chance to proof their innocence. in any case, a police officer cannot arrest or search an others car with out having a probable cause. it is also stated in the United States Constitution which defines it more than i can. That is if you know how to read the old English version.
Good luck.

2006-12-03 10:52:07 · answer #2 · answered by Tara l 1 · 0 0

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.
It is also used to refer to the standard to which a grand jury believes that a crime has been committed.
The term comes from the Fourth Amendment of the United States Constitution.

2006-12-03 10:47:55 · answer #3 · answered by heart o' gold 7 · 0 0

Probable cause means "probable cause that a crime has been or is being committed". It is an activity or evidence that cops see that makes them believe they should investigate further or get a search warrant.

When someone has been arrested there is usually a probable cause hearing before the judge where the cops present their evidence and results of their investigation to the judge so the judge can determine if there is enough evidence to hold a person in custody to stand trial.

2006-12-03 10:52:32 · answer #4 · answered by macc_1957 3 · 0 0

Probable cause would be defined as having enough evidence and suspicion to that would enable one to proceed with an investigation. For example, if you are a manager who suspects that you have a supervisor stealing cash, you would need a few supporting factors to proceed with an investigation.

Some examples of this may be, that the food cost in the unit is much higher than in other units of similar nature. The sales in this unit have not increased as much as other similar units. There are always a number of coins sitting on her till, probably tracking the number of sales not entered into the register. These points would lead on to conclude that the supervisor may be stealing. Before proceeding with the installation of a hidden camera to catch her, you need the permission of the police who will want to know what you evidence is to proceed. Based on the info identified above, the police then determine that you have enough probable cause to proceed with the camera and to initiate an official police investigation.

2006-12-03 10:47:55 · answer #5 · answered by Anonymous · 0 0

Well, it's coupled with the 4th amendment, you know, the one against unreasonable search. I can't walk up to you, or your house, or your car and just search it. You have the right to some privacy. At the same time, you can't commit a crime and then run into your house and be safe.

That's where probable cause comes in. I do have the right to search you, your house and car, but only if I have probable cause. I saw you grab her purse and run into this house on this street. A crime was committed, and it points to you as the one who did it....that type of thing.

2006-12-03 10:47:57 · answer #6 · answered by oklatom 7 · 0 0

For what? Drugs? Easy, call a tip line. Murder? Easy, evidence is on the body. But what about MONEY LAUNDERING?

Probable cause is having the entire case on a silver platter for the detectives in charge.

It means you were willing to break into someone's house and steal the evidence of the crime that is protected under privacy laws.

Then you hacked into his various banks and downloaded the financials for the 4 conspiritors and the two sham companies.

Just for good measure, you should torture the criminal to get him to confess to the money laundering on videotape.

Once you've got the case nice and tidy, you hand deliver it to the DA office with with a big red ribbon.

Seems to be my only choice to ever clear my name.

2006-12-03 10:49:35 · answer #7 · answered by upside down 4 · 0 0

Probable cause is obvious suspition due, to sight or evidential observation of an illegal act during legal exersise of duties by law enforcment. It can not occur during any 4th amendment violation by authority. it is very often coerced from persons unaware of 4th amendment guarantees provided in the constitution and most citizens are unaware of these rights. most probable cause is willfully obtained by verbal trickery when police question a person.

2006-12-03 14:56:06 · answer #8 · answered by sbay60@yahoo.com 2 · 0 0

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2016-10-17 16:11:50 · answer #9 · answered by Anonymous · 0 0

pc is just above the level of reasonable suspicion. i think reasonable means more yes than no.. like more than 50 percent but pc takes more for me to arrest someone, I have to be pretty darn sure I am correct. I dont want to put an innocent person in jail, as long as they cooperate

2006-12-03 11:04:29 · answer #10 · answered by gotseatbelts 2 · 0 0

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