Definitions Of Probable Cause Vs.
Definition[ edit ] A common definition is "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true". In the context of warrants, the Oxford Companion to American Law defines probable cause as "information sufficient to warrant a prudent person's belief that the wanted individual had committed a crime for an arrest warrant or that evidence of a crime or contraband would be found in a search for a search warrant ".
Even hearsay can supply probable cause if it is from a reliable source or supported by other evidence, according to the Aguilar—Spinelli test. United Statesthe U. Supreme Court defines probable cause as "where the facts and circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.
This is the idea that someone has the right to defend their "castle" or home from unwanted "attacks" or intrusion. In the s, this saying started to apply legally to landowners to protect them from casual searches from government officials. The first was in Massachusetts in when a customs agent submitted for a new writ of assistance and Boston merchants challenged its legality.
In the case the lawyer for the merchants James Otis argued that writs of assistance violated the fundamentals of English Law and was unconstitutional.
John Adamsa lawyer at the time who later wrote the Massachusetts provision on which the Fourth Amendment heavily relied, was impacted by James Otis's argument  A case against general warrants was the English case Entick v.
In that case, Lord Camden the chief judge said that general warrants were not the same as specific warrants and that parliament or case law could not authorize general warrants. Along with these statements, Lord Camden also affirmed that the needs of the state were more important than the individuals rights.
This upheld the ideology of the social contract while holding to idea that the government purpose was to protect the property of the people. Probationers and parolees[ edit ] In early cases in the United States, the Supreme Court held that when a person is on probation, the standard required for a search to be lawful is lowered from "probable cause" to "reasonable grounds"  or "reasonable suspicion".
Specifically, the degree of individualized suspicion required of a search was a determination of when there is a sufficiently high probability that criminal conduct is occurring to make the intrusion on the individual's privacy interest reasonable.
The Supreme Court held: Although the Fourth Amendment ordinarily requires the degree of probability embodied in the term "probable cause," a lesser degree satisfies the Constitution when the balance of governmental and private interests makes such a standard reasonable When an officer has reasonable suspicion that a probationer subject to a search condition is engaged in criminal activity, there is enough likelihood that criminal conduct is occurring that an intrusion on the probationer's significantly diminished privacy interests is reasonable.
Californiathe Supreme Court ruled that reasonable suspicion is not even necessary: The California Legislature has concluded that, given the number of inmates the State paroles and its high recidivism rate, a requirement that searches be based on individualized suspicion would undermine the State's ability to effectively supervise parolees and protect the public from criminal acts by reoffenders.
This conclusion makes eminent sense. Imposing a reasonable suspicion requirement, as urged by petitioner, would give parolees greater opportunity to anticipate searches and conceal criminality. The court held that reasonableness, not individualized suspicion, is the touchstone of the Fourth Amendment.
In this particular case, Place was in the New York Airport, and DEA agents took his luggage, even though he refused to have his bag searched.
His luggage smelled of drugs, and the trained dog alerted the agents to this. Dogs alerting their officers provides enough probable cause for the officer to obtain a warrant. The DEA then procured a warrant and found a sizable amount of drugs in Place's luggage.
It was not considered a search until after the warrant because a trained dog can sniff out the smell of narcotics, without having to open and look through the luggage. The power of probable cause by K-9 units smelling for drugs is not limited to just airports, but even in schools, public parking lots, high crime neighborhood streets, mail, visitors in prisons, traffic stops, etc.
If there is an incident where the dog alerts its officer, the probable cause from the dog is considered enough to conduct a search, as long as one of the exceptions to a warrant are present, such as plain viewincident to arrestautomobile, exigencyor with a stop and frisk.
During a traffic stop and checkpoint, it is legal for police to allow a drug dog to sniff the exterior of the car. This is legal as long as it does not cause the traffic stop to be any longer than it would have been without the dog. If the dog finds a scent, it is again a substitute for probable cause.
They only need reasonable suspicion that the information they are accessing is part of criminal activities. Under this, officers are authorized for a court order to access the communication information.
Only certain information can be accessed under this act such as names, addresses, and phone numbers, etc.Probable cause and reasonable suspicion essay about myself 0. by November 11, descriptive essay the awful german language analysis essay a strange man essay odysseus journey to the underworld essay help citing quotes in essays ht simdis analysis essay limits to growth revisited a review essays obedience to authority essay.
"Probable cause" is a stronger standard of evidence than a reasonable suspicion, but weaker than what is required to secure a criminal conviction.
Even hearsay can supply probable cause if it is from a reliable source or supported by other evidence, according to the Aguilar–Spinelli test. Probable cause and Reasonable suspicion are two legal terms used in the United States legal system, in this essay I will be comparing and contrasting the two terms as well as providing examples.
School officials and sworn law enforcement officers may conduct a search without reasonable suspicion or probable cause if the student voluntarily consents to the search. Voluntariness is determined on the basis of the circumstances—including the student's age, education level, and mental capacity—and the context of the search.
Probable cause and Reasonable suspicion are two legal terms used in the United States legal system, in this essay I will be comparing and contrasting the two terms as well as providing examples.
Probable cause is the level of facts and evidence required to obtain a warrant for, or as an exception to the warrant requirements for, making an arrest or . The Right to Search Students.
Ehlenberger. two practices may help successfully avoid legal challenge: debriefing and policy. Debriefing.
Despite the lack of clarity about whether to apply reasonable suspicion or probable cause in different situations, courts are more willing now than ever to find student searches legal to.