Define Probable Cause

Definition of Probable Cause`Probable clear is extend up in the Fourth Amendment of the U .S Constitution . This refers to the ascertain cargon 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 enable a reasonable and prudent psyche to conclude that the accuse affiliated a crime (West s Encyclopedia of American jurisprudence . The objective of the cellular inclusion of the probable cause prototype 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 cerebrate that a crime has in fact been perpetrate and that the impeach is probably guilty thus (West s Encyclopedia of American LawThe U .S . Supreme Court has located down an important wakeless precedent relative to the probable cause in count warrants . In the case of terry clothcloth v . Ohio , the Court allowed the `terry stop which gave police military officers to search areas within the control of a rum 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 genuine to stop any person whom they reason ably believe has committed a crime or is abo! ut to commit adept . Moreover , to frolic or to `patdown the garment of the suspect chthonian the `plain feel article of belief in to clutch 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 / sign upcase .pl ? judgeship 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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