Why is it important to have probable cause?

Question

Why is it important to have probable cause judged by a "neutral and detached magistrate” when applying for a search or arrest warrant?

lol im just thinking of things i learned once in a class and im wondering.. thats all. sorry

Answer 1

Are you trying to get us to do your homework for social studies, or are these genuine questions?

No need to apologize, I was just wondering.

The best reason for it, and for all your inquiries in fact, is to protect the common man against tyrannical acts of an out of control government. Due process keeps an agency from carrying out a vendetta against a person or group. Its difficult with that system of checks for cops to just harass and arrest whomever they like, since the judge has to agree that their actions were justified. If not, the state is left open to being sued for wrongful arrest, so judges scrutinize the actions of police. This is all in theory, of course, since the south in the 50's and 60's didn't give a sh*t about this when it came to black "suspects".

Answer 2

Why Is Probable Cause Important

Answer 3

You can see why it is important by the FBI's misuse, and lies told, when collecting information on innocent people.

That is the lowest legal standard that there is! It is only a valid "reason to suspect"!

The lack of warrants and the spying on Americans with no probable cause is why it is written INTO THE CONSTITUTION! The Patriot Act is UNCONSTITUTIONAL! Whay is so hard about that?

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.US CONSTITUTION


And now we find out that in a preliminary study the FBI lied when getting PRIVATE information!

"From the attorney general on down, you should be ashamed of yourself," said Rep. Darrell Issa (news, bio, voting record), R-Calif. "We stretched to try to give you the tools necessary to make America safe, and it is very, very clear that you've abused that trust."

Fine's review, authorized by Congress over Bush administration objections, found that the number of national security letters requested by the FBI skyrocketed after the Patriot Act became law.

He also found more than 700 cases in which FBI agents obtained telephone records through "exigent letters" which asserted that grand jury subpoenas had been requested for the data, when in fact such subpoenas never been sought. He called those instances "the most troubling aspect of this." By JULIE HIRSCHFELD DAVIS, Associated Press Writer

I doubt if there is such a thing as a detached magistrate, but there will be a fired Attorney General! This is his baby, and it comes on the heels of the firing of the 8 lawyer scandal!

Notice how Bush didn't want this investigated either!

I bet the FBI has some of your e-mails and records from Yahoo.com!

Answer 4

This Site Might Help You.

RE:
Why is it important to have probable cause?
Why is it important to have probable cause judged by a "neutral and detached magistrate” when applying for a search or arrest warrant?

Answer 5

In many cases suspicion is all you need in the club. The poor can not fight the club and it is all but a conviction. When you are going to battle with people with money the law has a rule that beats money. A warrant is issued and probable cause defaults to personal freedoms. For this an impartial party is employed. Power is hard to beat. The poor never get this consideration from the club.

Answer 6

Without probable cause, anyone's home or vehicle could be searched at any time for no reason at all. The police could go on "fishing expeditions" in the hope of finding something against people. It would be used to intimidate people the police or government didn't like--such as political dissidents. No one would have any privacy.

Answer 7

Aside from the fact that it's in the text of the Constitution?

It sets a minimum standard for intrusion. It ensures that police do not start bothering people for no valid reason, or based purely on intuition or animus. It creates a threshold where the police must establish that the search isn't going to be a waste of time or purely a fishing expedition.

Answer 8

If a search takes place, either of a person or a place, without probable cause, and/or without a warrant, the case will probably get thrown out of court as soon as the Judge reads it, regardless of whether or not the person accused is guilty.

Answer 9

Because evidence obtained by a warrant issued from a "biased and interested magistrate" would likely be ruled inadmissable, per the exclusionary rule, upon appeal..

Answer 10

because without it you could accuse a man on the street of anything without proof