probable cause
–noun Law.
reasonable ground for a belief, as, in a criminal case, that the accused was guilty of the crime, or, in a civil case, that grounds for the action existed: used esp. as a defense to an action for malicious prosecution.
dictionary.com
2007-03-09 06:30:23
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answer #1
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answered by pepper 7
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From California's Attorney General:
"Probable cause" to arrest (1) requires more than the "reasonable suspicion" necessary for a detention and (2) is essentially the same as the "probable cause" required to obtain an arrest warrant or a search warrant. (Campa (1984) 36 Cal.3d 870, 879; Gorrostieta (1993) 19 Cal.App.4th 71, 84.)
Whether "probable cause" exists depends upon the reasonable conclusions that can be "drawn from the facts known to the arresting officer at the time of the arrest." (Devenpeck v. Alford (2004) 543 U.S. 146, 152; Pringle (2003) 540 U.S. 366, 371.) "Probable cause" exists when the totality of the circumstances would lead a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime. (Price (1991) 1 Cal.4th 324, 410; Kraft (2000) 23 Cal.4th 978, 1037; Charles C. (1999) 76 Cal.App.4th 420, 423.) "[S]ufficient probability, not certainty, is the touchstone of reasonableness under the Fourth Amendment." (Garrison (1987) 480 U.S. 79, 87.)
- Carl
2007-03-09 14:56:46
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answer #2
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answered by cdwjava 3
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probable cause is defined as circumstances that would lead a reasonable person to believe that a crime has or was committed. As an example: If you were seen leaving a crack-house and the police pulled you over, they would have probable cause to search your vehicle for drugs.
The reason would be that there is a reasonable chance that you are selling or using drugs, because why else would you be at a crack-house. Even if you weren't using or selling it wouldn't matter.
Probable cause is a huge topic and you sould go to www.wikipedia.com for a more in depth definition.
2007-03-09 17:51:26
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answer #3
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answered by evil_paul 4
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Probable cause is used in several ways in the courts.
The most common is used by officers to make an arrest prior to obtaining a warrant signed by a judge.
In this case, probable cause is defined as a reasonable conclusion of guilt based on observable evidence by the officer. Observable evidence is based on evidence that is visible as well as experience incurred by the officer in his/her career.
In other words, an officer has to articulate (based on his experience and visible evidence) an affidavit to the court that leads to a reasonable conclusion of guilt.
This is commonly called a "PC arrest".
2007-03-09 14:49:19
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answer #4
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answered by tnmack 3
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from the facts of a case, a person of average intelligence would draw the conclusion that there is enough evidence or suspicion surrounding you to further the investigation
2007-03-09 14:36:49
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answer #5
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answered by blade_teh_misfit 1
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Evidence that would satisfy a judge that the police had a legitimate reason to take action.
2007-03-09 14:29:55
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answer #6
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answered by Anonymous
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The reason which leads a police officer to suspect you for having done something, or have something illegal on your person.
2007-03-09 18:29:22
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answer #7
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answered by WC 7
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Probable cause is whatever the cop thinks it is.
2007-03-09 14:34:31
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answer #8
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answered by Anonymous
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evidence, motive, opurtunity, etc
2007-03-09 14:35:45
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answer #9
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answered by Avaria 6
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