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"The Fourth Amendment has two clauses. The first states that people have
a right to be protected from unreasonable searches and seizures, and the
second states that no warrant shall issue except upon probable cause. The
roots of the second clause -- the probable cause requirement -- lie in
English and American colonial history. Prior to the framing of our
Constitution by the founding fathers, the government had virtually unlimited
power to believe, right or wrong, that any illegal items they were looking for
would be found. In England, this all-purpose power took the form of what
were called general warrants; in colonial America, they were called writs of
assistance. To protect against the abuses inherent in this kind of power,
the Framers added a probable cause requirement... " Everything you
need to know about probable cause from faculty.ncwc.edu
a right to be protected from unreasonable searches and seizures, and the
second states that no warrant shall issue except upon probable cause. The
roots of the second clause -- the probable cause requirement -- lie in
English and American colonial history. Prior to the framing of our
Constitution by the founding fathers, the government had virtually unlimited
power to believe, right or wrong, that any illegal items they were looking for
would be found. In England, this all-purpose power took the form of what
were called general warrants; in colonial America, they were called writs of
assistance. To protect against the abuses inherent in this kind of power,
the Framers added a probable cause requirement... " Everything you
need to know about probable cause from faculty.ncwc.edu
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| Probable cause is one of the most debated and misunderstood concepts in police work |
Probable cause is really a very simple compilation of
facts, based on evidence, to indicate that a person
probably committed the crime or offense being alleged.
Since probable cause to make an arrest requires a lower
threshold of evidence than is required to convict a person,
many police officers take the low road and choose brevity
over detail in their probable cause statements. You often
hear police officers whine about the criminal being
released before they're done with their paperwork. Well,
while that's an exaggeration, the rapid release of those
charged criminally is often...actually, very often the
result of the police officer's failure to provide the
reviewing court official all of the information available.
facts, based on evidence, to indicate that a person
probably committed the crime or offense being alleged.
Since probable cause to make an arrest requires a lower
threshold of evidence than is required to convict a person,
many police officers take the low road and choose brevity
over detail in their probable cause statements. You often
hear police officers whine about the criminal being
released before they're done with their paperwork. Well,
while that's an exaggeration, the rapid release of those
charged criminally is often...actually, very often the
result of the police officer's failure to provide the
reviewing court official all of the information available.
| Probable Cause |
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