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How do police obtain warrants to conduct searches or make arrests?
Police obtain warrants to conduct searches or make arrests by presenting evidence to a judge or magistrate, who then determines if there is probable cause to issue the warrant. Probable cause means there is a reasonable belief that a crime has been committed and that evidence of the crime can be found at the location to be searched or the person to be arrested.
How is a search warrant related to a probable cause?
it isnt
What is the significance of probable cause?
"Probable Cause" is the foundatiion on which all arrests are based. It is a reasonable belief that a person has committed a crime. The test for whether probable cause exists for the purpose of an arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. See: http://www.lectlaw.com/def2/p089.htm
What has to happen for an arrest?
If you've been taken into custody and are no longer free to walk away, you've been arrested. The U.S. Constitution authorizes arrests only if the police have "probable cause" to believe that a crime was committed and that the suspect is responsible. Probable cause is a loose standard and even if a person ends up being innocent, if the police had probable case then the arrest is constitutional.
What does amendment number 4 mean?
The 4th amendment says that a search warrant must be needed for a place to be searched, and the persons or things to be seized probable cause applies to all arrests
Which amendment is Protects against arrests without probable cause?
The Fourteenth. Which reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What is required for an arrest warrant?
probable cause
Why is it the law that police officers have to get a warrant before they search a house?
The Fourth Amendment to the US Constitution requires warrants for arrests and searches and seizures. There are many exceptions to this requirement based upon the concept of "probable cause", but they generally do not apply to searches of a home. For more information, please see the related links below.
What criteria if any should be used to make burglary arrests?
(in the US) The law requires only one reason - Probable Cause to Believe that the person arrested is the one who committed the offense. This applies to ALL crimes.
What level of belief that allows the police to make an arrest?
The police officer has to have probable cause to believe a particular person commited the crime in question. In court, probable cause is NOT enough to convict you of the same crime.
How is a search warrant related to probable cause in the legal system?
A search warrant is related to probable cause in the legal system because it is a court order that allows law enforcement to search a specific location for evidence of a crime. In order to obtain a search warrant, law enforcement must demonstrate to a judge that there is probable cause to believe that evidence of a crime will be found in the location to be searched. Probable cause is a legal standard that requires a reasonable belief that a crime has been committed or that evidence of a crime will be found in the location to be searched.
For an arrest to be lawful police must have either a warrant or what?
have probable cause to believe that a crime is being committed.
