Preview

Reasonable Suspicion And Possible Cause

Good Essays
Open Document
Open Document
627 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Reasonable Suspicion And Possible Cause
Introduction
Reasonable suspicion signifies the standard based on which the criminal activities are observed and arrest warrants are formulated. On the other hand, probable cause can be described as the logical belief in which with the help of facts criminal activity has been devoted (Kinports, n.d.). This assignment intends to compare and contrast between the legal concepts of reasonable suspicion and probable cause. This assignment also evaluates in what way these legal concepts can be applied to law enforcement officers along with examining the situation in which the law enforcement officers do not require to arrest the suspect. This paper also examines the exceptions that require warrant and how and when each exception would be utilized.
Discussion …show more content…
In compare and contrast among these two legal concepts it can be evaluated that reasonable suspicion is reasonable belief and probable cause is a logical belief. In reasonable suspicion, there is an open interpretation, whereas in probable cause there is evidence related to the crime (Kinports, n.d.).
Law enforcement officers can apply these legal concepts in their work for getting positive outcome. In this context, it can be highlighted that the officer can apply reasonable suspicion in their work to assess any criminal activity that has been committed or not. Moreover, the law enforcement officers can also apply the probable cause, which is a legal standard to examine the facts for arresting the particular person, who is involved in the criminal activity (FAS.Ord,
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Powerful Essays

    Because It’s Probable: Reviewing Probable Cause, Warrants, Searches, Arrests, and How They Intertwine.
    • 1771 Words
    • 8 Pages

    Because It’s Probable: Reviewing Probable Cause, Warrants, Searches, Arrests, and How They Intertwine.

    Perhaps, there is no clearly defined definition of probable cause. However, there are many relevant cases that have been tried and have established guidelines for the determination of what can be construed as probable cause. Two of these are Dumbra v. United States and Brinegar v. United States. The case 1925 case of Dumbra v. United States, the court consented that in order for a search warrant to be granted, the officer who is making the request merely needs to have “reasonable grounds at the time of his affidavit” (Cornell, 2006). The 1949 case of Brinegar v. United States, clearly announces that Probable cause is to be determined according to “the factual and…

    • 1771 Words
    • 8 Pages
    Powerful Essays
    Read More
  • Better Essays

    How Has Miranda V. Arizona Changed the Arrest and Interrogation Process.
    • 1197 Words
    • 5 Pages

    How Has Miranda V. Arizona Changed the Arrest and Interrogation Process.

    The Miranda Warning is intended to protect the guilty as well as the innocent and should be protected at all costs. Without the law, many suspects may be treated unfairly. It is a necessary safeguard. Its intentions were to give suspects an informed choice between their freedom of speech, their right not to speak, but be silent, and the prevent statements being given in a non-voluntary nature. Since the law was imposed police policies and procedures were promoted and enforced that effectively imposed safeguards throughout law enforcement agencies. However, with any law there is also discourse. In this essay I plan to give a brief summary of Miranda and discuss the advantages and disadvantages that Miranda provides for suspects and law enforcement officials.…

    • 1197 Words
    • 5 Pages
    Better Essays
    Read More
  • Powerful Essays

    Exclusionary Rule And Civil Liability Case Study
    • 1210 Words
    • 5 Pages

    Exclusionary Rule And Civil Liability Case Study

    Therefore, the Exclusionary Rule and fruit of the poisonous tree doctrine was created as an important protection of the Fourth Amendment. This paper has discussed the Exclusionary Rule, fruit of the poisonous tree doctrine, and the difference between the two. It has also discussed the civil liability that officers may be subject to for their mistakes and how they may be forgiven from liability if their mistake was objectively reasonable or if it was made in good faith. Lastly, the author has discussed the importance of obtaining a search warrant when available and how this seemingly simple procedural step will prevent the suppression of evidence, as well as, protect the officer and agency against any civil liability. Although many times officers’ conduct searches under the emergency exception of the warrant requirement, it is generally a lackadaisical excuse which can hardly be defended. In modern times with the inception of recent technology it has become quicker and easier to obtain search warrants, either telephonically or by electronic means. Therefore, it should be instilled in officers through academic and field training to always secure consent or a search warrant prior to conducting a search in order to protect themselves and the integrity of the…

    • 1210 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    Circumstantial Evidence Case Study
    • 1267 Words
    • 6 Pages

    Circumstantial Evidence Case Study

    Direct and circumstantial evidence. Circumstantial evidence differs from direct evidence in that direct evidence can directly support the case and prove probable cause on its own where circumstantial evidence is when the evidence indirectly supports the case. An example of circumstantial evidence would be something like “I observed the suspect enter the victim’s house, and I then heard a shot. I saw the suspect calmly walk out of the house, furtively look around, get in his car and drive off.” This differs from direct evidence, as direct evidence requires you to observe the act as it happens. This statement would look something like this: “I observed the suspect walk up to the victim, argue with him, and then pull out a gun and shoot the victim. He then ran to his car and drove off.” These are two very different statements, and mean two very different…

    • 1267 Words
    • 6 Pages
    Powerful Essays
    Read More
  • Good Essays

    Supreme Court Case Of Terry Stops
    • 824 Words
    • 4 Pages

    Supreme Court Case Of Terry Stops

    Reasonable Suspicion, an intermediate level of suspicion that is less than probable cause, but more than a simple “hunch”, inarticulate suspicion or “gut feeling” is the standard of justification needed to support a legal Terry stop, when probable cause does not yet exist to arrest. In other words, "the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that…

    • 824 Words
    • 4 Pages
    Good Essays
    Read More
  • Powerful Essays

    Criminal Investigations Exam
    • 2005 Words
    • 9 Pages

    Criminal Investigations Exam

    6. Establishing the existence of a violation, obtaining probable cause for a search warrant, and preventing crime are all considered effective uses of: C…

    • 2005 Words
    • 9 Pages
    Powerful Essays
    Read More
  • Good Essays

    The Case Of Charles Katz
    • 787 Words
    • 4 Pages

    The Case Of Charles Katz

    * If an officer observes unusual conduct which leads s/he to conclude that criminal activity may be afoot; Terry v. Ohio, 392 U.S. 1 (1968). III. Cars Exceptions— • An officer may conduct a traffic stop if s/he has reasonable suspicions; Berekmer v. McCarty, 468 U.S. 420 (1984).…

    • 787 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Self Study Notes with Answers
    • 3421 Words
    • 14 Pages

    Self Study Notes with Answers

    True/False Indicate whether the sentence or statement is true or false. ____ ____ ____ ____ 1. If an individual investor buys and sells existing stocks through a broker, these are primary market transactions. 2. If the Federal Reserve tightens the money supply, other things held constant, short-term interest rates will be pushed upward, and this increase probably will be greater than the increase in rates in the long-term market. 3. The fact that a percentage of the interest income received by one corporation is excluded from taxable income has encouraged firms to use more debt financing relative to equity financing. 4. If the tax laws stated that $0.50 out of every $1.00 of interest paid by a corporation was allowed as a taxdeductible expense, it would probably encourage companies to use more debt financing than they presently do, other things held constant. 5. Financial asset markets deal with stocks, bonds, mortgages, and other claims on real assets with respect to the distribution of future cash flows. 6. The yield curve is downward sloping, or inverted, if the long-term rates are higher than the short-term rates. 7. American depository receipts are foreign stocks that sell in American stock exchanges and are denominated in dollar prices. 8. If you have information that a recession is ending, and the economy is about to enter a boom, and your firm needs to borrow money, it should probably issue long-term rather than short-term debt. 9. The two reasons most experts give for the existence of a positive maturity risk premium are (1) because investors are assumed to be risk averse, and (2) because investors prefer to lend long while firms prefer to borrow short.…

    • 3421 Words
    • 14 Pages
    Better Essays
    Read More
  • Better Essays

    Probable Cause
    • 2409 Words
    • 10 Pages

    Probable Cause

    In everyday cases there are several factors included that must be met for the justice process to be effectively worked out. Probable cause is “ the minimum standard necessary for an arrest under any circumstances.” (Schmalleger,2012). Probable cause is facts that lead to a warrant, arrest, or search. This is the first step in receiving a warrant to search a suspects home, or car. Certain standards are required when coming up with probable cause. There is a certain process by which a warrant is issued, and all officers must obey all suspects…

    • 2409 Words
    • 10 Pages
    Better Essays
    Read More
  • Powerful Essays

    Search Warrants and Proable Cause
    • 1796 Words
    • 8 Pages

    Search Warrants and Proable Cause

    The concept of search warrants, probable cause, and searches go hand in hand as part of the legal system. Each step makes the next step part of the process. This process gives us certain civil liberties and are all rooted in the 4th Amendment of the Constitution of The United State of America. The following information will interpret, define, and support the legal justification of warrants, probable cause, and searches.…

    • 1796 Words
    • 8 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Civil Liberties
    • 469 Words
    • 2 Pages

    Civil Liberties

    2. How are the following terms interrelated: probable cause, unreasonable search and seizure, search warrant, and exclusionary rule?…

    • 469 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    Stop and Frisk for Law
    • 1231 Words
    • 5 Pages

    Stop and Frisk for Law

    Lerner, C. S. (2006). Reasonable suspicion and mere hunches. Vanderbilt Law Review, 59(2), 405-473. Retrieved from http://search.proquest.com/docview/198950433?accountid=27899…

    • 1231 Words
    • 5 Pages
    Better Essays
    Read More
  • Better Essays

    Search and Seizure: in Plain Smell
    • 1555 Words
    • 7 Pages

    Search and Seizure: in Plain Smell

    1. The officer’s observation of the evidence must be lawful, meaning the officer had a legal right to be at the location, or the suspect did not have a reasonable expectation of privacy in the location,…

    • 1555 Words
    • 7 Pages
    Better Essays
    Read More
  • Good Essays

    Policing and the Constitution
    • 1101 Words
    • 5 Pages

    Policing and the Constitution

    Probable cause: sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. Probable cause in my understanding means that a police officer cannot accuse you of a crime that they are not able to prove. If you are pulled over due to being suspected of drunk driving, they have to give you sobriety tests or see open containers in order to give you a ticket or take you into custody. They just can’t see you swerve while driving and take you to jail without proof.…

    • 1101 Words
    • 5 Pages
    Good Essays
    Read More
  • Better Essays

    Fourth Amendment Reasonableness
    • 1186 Words
    • 5 Pages

    Fourth Amendment Reasonableness

    A justifiable search could have many factors that would allow an officer to conduct a proper search or make a lawful detention and stops. One of them is a search warrant, which carries a limited authority to detain persons present and also search the property detailed on the warrant. Another is a criminal profile; an example would be of a drug dealer that would fit the physical description given to the officer. Anonymous tip, multiple informant’s, an example is like two or more persons able to identify someone that has committed a crime, and of course police observation. However if the officer sees something suspicious he/she has to articulate why such person has broken the law and given him/her probable cause to do a warrantless search or detention on such said person. Scope falls in the actual process of the search, meaning that you could only reasonably search with in the search area, an example that my teacher Mr. Enos discussed in class, was if your searching for alcohol in a vehicle then you could only search were alcohol could be reasonably hidden inside a car. Place refers to a public or private area, an…

    • 1186 Words
    • 5 Pages
    Better Essays
    Read More

Related Topics