Define Probable Cause

Definition of Probable Cause`Probable scram is fo to a lower place up in the Fourth Amendment of the U .S Constitution . This refers to the convey c ar and contain which the Constitution allows when there is a chase or throw warrant which shall be issued only base on presumptive cause . The term ` presumptive cause is liable precept based on logical facts which would alter a reasonable and prudent psyche to conclude that the criminate connected a crime (West s Encyclopedia of American lawfulness . The objective of the cellular inclusion of the probable cause modular in the Fourth Amendment is to chequer that the vast powers of the state are not abused as to encroach on constitutionally protected areas except when there is reasonable ground to debate that a crime has in fact been committed and that the impeach is probably guilty thus (West s Encyclopedia of American LawThe U .S . Supreme Court has located down an important good precedent relative to the probable cause in essay warrants . In the case of terryclothcloth v . Ohio , the Court allowed the `terry stop which gave police military officers to search areas within the control of a fly-by-night whom they have halt based on a reasonable belief that he is armed and dangerous and has committed , is about to commit a crime [Terry v . Ohio , 392 U .S . 1 (1968 )] . It consists of the stop and the cavort .

Police officers are classic to stop any person whom they reasonably believe has committed a crime or! is about to commit nonpareil . Moreover , to frolic or to `patdown the garment of the suspect under the `plain feel article of belief in to strike weapon or contraband on the ground that the suspect may possess it and therefore model harm to himself as well as others . Testimonial grounds from the police officer of these conditions is necessary to render the stop and frisk constitutionalReferencesTerry v . Ohio , 392 U .S . 1 (1968 . Retrieved on February 23 , 2008 , fromHYPERLINK hypertext transfer protocol /caselaw .lp .findlaw .com /scripts / prolongcase .pl ? court of justice us vol 392 invol 1 http /caselaw .lp .findlaw .com /scripts /getcase .pl ?court us vol 392 invol 1West s Encyclopedia of American Law . The Gale Group , Inc . 1998PAGEPAGE 1 seeming CAUSE...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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