ANSWERS: 1
  • Probable cause is the legal standard that defines the circumstances under which a police officer may lawfully arrest someone or search people or their property without a warrant.

    Constitutional Protection

    The concept of probable cause is derived from the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures.

    Function

    Before police can arrest someone, they must have probable cause to believe that the person has committed a crime.

    Features

    For an arrest or search to pass constitutional muster, police must first have probable cause to believe that a crime has been committed. The amount of evidence sufficient to meet the probable-cause standard is evidence from which a reasonable person could conclude that a suspect has committed a crime.

    Effects

    All states have similar prohibitions against unreasonable searches and seizures codified in their constitutions.

    Significance

    The precise amount of evidence needed to constitute probable cause will depend on the facts and circumstances of each case. The fact that police officers may detain someone for a routine traffic violation, doesn't give them the right, in the absence of any suspicious behavior on the motorist's part, to conduct a full search of the driver's vehicle.

    Source:

    North Carolina Wesleyan College: Probable Cause

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