ANSWERS: 1
  • Probable cause has always caused a certain degree of controversy, mostly because it is hard to define and really just a judgment call. But the Supreme Court accepts this legal theory as a legitimate reason for an arrest.

    Identification

    According to the Congressional Research Service's American Law Division, probable cause means an average person would consider a situation suspicious enough to believe a person has committed or will commit a criminal act.

    Misconceptions

    Nowhere in the Bill of Rights or Constitution is there a definition of "probable cause," although the Fourth Amendment does mention it by name. But the U.S. court system has developed on the idea from its opinions on cases.

    Example

    Probable cause arrests are usually pretty obvious, reports U.S. Legal Definition. An officer would have probable cause to detain a person sneaking around a house late at night with a ski mask and flashlight, for instance.

    Theories/Speculation

    In general, the courts tend to see cases involving spying or terrorism as needing less evidence for probable cause because of the increased risk to national security, according to the American Law Division of the CRS.

    Considerations

    The standard for probable cause stands as a fuzzy area in the legal world because each case has different circumstances. Compounded to this, probable cause is more of an abstract "common sense" idea that should need little explanation, reports the American Law Division of the CRS.

    Source:

    Congressional Research Service

    FindLaw.com

    USLegal.com

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