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How well do police officer meet the criteria of probable cause before taking action with regard to criminal activity?
Wiki User
∙ 13y ago
The wording of the question makes no sense. First off, an officer only needs to have reasonable suspicion that a criminal acltiivity MAY be taking place in order to have the authority to look into it.
After looking into the activity and finding a person, or persons, committing a crime or who he has PROBABLE CAUSE TO BELIEVE MAY have committed a crime he can then make an arrest.
Wiki User
∙ 12y ago
Wiki User
∙ 13y agoVery well. If the officer does not have probable cause then the case will be dismissed and the officer open to a lawsuit.
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Define and describe probable cause?
Probable cause refers to the standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It is also used to refer to the standard to which a grand jury believes that a crime has been committed.Added: Probable cause is the standard used in justifying certain police actions. For example, police need to have probable cause to believe evidence of a crime exists when making an arrest or in requesting a search warrant.Probable Cause is more than mere suspicion but less than the amount of evidence required for conviction.For example: A police officer may use "probable cause" to arrest someone for attempted theft when he finds someone trespassing on private property late at night wearing a stocking mask. Using this probable cause as justification for stopping the subject and, searching them, they find them in possession of burglary tools, thereby justifying the probable cause forcible stop.
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
Is probable cause necessary for an arrest under any circumstance?
Anytime I see the word "Any" it's hard to give you a perfect answer. 99.9% of the time, you either need to witness the crime, have probable cause (PC) or need a warrant to make an arrest. I'm sure there is a situation out that that might not fall into one other those but a cop still makes the arrest, I don't know. One thing to keep in mind is that the PC comes from the officer, not the person being arrested. I have had people tell me I didn't have PC to arrest them, but the reality is I did and I'm the one that has to articulate MY PC not what joe blow thinks is PC.
What is a police officer?
A police officer is a member of the constabulary, tasked with upholding the laws passed by the Government.
What math do you need to become a probation officer?
what level of math skills does a probation officer require
How is probable cause and reasonable suspicion similar?
Probable cause and reasonable suspicion are legal actions that can be enforced by a law officer. These two actions are similar in that they give the police officer the ability to gain access when investigating a criminal action.
When a police officer has the authority to arrest a suspect based on reasonable belief that the criminal has committed a crime it is called?
probable cause
When may an officer make an arrest without a warrant?
When he has probable cause to believe that the person he is arresting has committed, or is about to commit, a criminal offense.
What is the burden of proof needed for in an arrest?
It is not known as "The Burden of Proof" it is known as "PROBABLE CAUSE." Probable cause is a standard used in justifying certain police actions. For example, police need to have probable cause to believe that evidence of a crime exists. It is more than mere suspicion but less than the amount of evidence required for conviction. (e.g.- A police officer may have probable cause to believe that there is the possibility of criminal activity when someone is encountered trespassing on private property late at night wearing a stocking mask, in order to justify stopping and searching the person for possession of criminal tools.) See:http://definitions.uslegal.com/p/probable-cause/
If a house that appears to be unoccupied is discovered with the front door open are code officers allowed to enter and inspect the house?
Not code officers but that may depend on the municipality. However if someone calls the police or the code officer suspects criminal activity and calls the police, than the police may have probable cause to enter.
Can you explain the 4th amendment in few words?
The 4'th Amendment (to the United States Constitution) guarantees the freedom of persons from unreasonable search and seizure. This means that in order for a person of authority (usually a police officer) to search or to seize a premises, property, or a person, the officer must have reasonable grounds to suspect criminal activity, or perhaps even the threat of criminal activity.
Can a magistrate find probable cause to proceed with a criminal charge without a sworn statement for the arresting officer if he is the only witness?
Yes, of course. In MANY instances it is ONLY the officers sworn word, because the officer was the only one to witness the offense.
How are warrant arrest and probable cause arrest alike and different?
A arrest warrant is an order by a judge, to the police, to bring a person before the court to answer for criminal charges. Arrest warrants (with some exceptions, such as Ramey warrants in California) are only issued after the judge has reviewed a probable cause affidavit that describes the probable cause for the arrest and agrees that the arrest is reasonable. In a probable cause arrest, also known as an "on view" arrest, the arresting officer makes the decision to arrest the person on the spot. The decision will later be reviewed by the officer's supervisor(s) and by the prosecutors office before criminal charges are actually filed and the defendant is arraigned.
Can an officer search your car on a traffic stop without your consent?
If probable cause is given then yes, the officer can.
What situations requires police interventions?
Whenever a complaint arises that has anything to do with disturbances of the peace, or criminal activity. Also, if an officer witnesses a crime or civil violation in progress.
Can a police officer pull you over for no probable cause in Chicago?
They don't need 'probable cause', just a 'reasonable suspicion'.
Is there a way to get out of a driving while suspended ticket if officer had no reason to pull some one over to begin with?
No Police have to have reasonable suspicion of criminal activity to make a traffic stop. The reasonable suspicion doesn't have to turn out to prove criminal activity; all that is required is that the officer had a reasonable belief something criminal was happening. For example, if a police officer believed you looked like a person wanted for a serious crime, he could stop you to check your identity. Even though you're not the wanted person, if the officer discovers other criminal activity during the stop (suspended license, open containers of alcohol, stolen property, etc.), he can make an arrest or issue a citation for those charges. The charges will be just as valid as if he had seen you driving at 100 miles per hour.
