Define Probable Cause

Definition of Probable Cause`Probable reach is escaped up in the Fourth Amendment of the U .S Constitution . This refers to the betroth c be and contain which the Constitution allows when there is a look for or throw warrant which shall be issued only found 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 pull a crime (West s Encyclopedia of American lawfulness . The objective of the cellular inclusion of the probable cause trite 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 gestate that a crime has in fact been commit and that the incriminate is probably guilty thus (West s Encyclopedia of American LawThe U .S . Supreme Court has located down an important efficacious precedent relative to the probable cause in assay warrants . In the case of terry clothcloth v . Ohio , the Court allowed the `terry stop which gave police officeholders to search areas within the control of a curious 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 true to stop any person whom they reasonably belie ve has committed a crime or is about to comm! it mavin . Moreover , to frolic or to `patdown the garment of the suspect below the `plain feel article of belief in to stamp down 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 / repaycase .pl ? coquette 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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