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Probable cause mean having more evidence against than for true or false?
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Why should warrants specify in advance all of the evidence there is probable cause to seize?
Because, without probable cause, any evidence found is inadmissible. You can't go in looking for a gun, for instance, and find a knife, and subsequently use that to convict.
Why are probable cause warrants issued?
For the "probable cause" that a criminal event has, or is about to occur, and by serving the warrant (search or arrest) the crime can be solved or prevented. Probable Cause (partial definition): " . . is more than mere suspicion but less than the amount of evidence required for conviction."
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.
How do you use probable cause in a sentence?
Lightening was the probable cause of the power shutdown. It is probable that the economic situation will deteriorate. I think lightening is the cause of the bad power .
What if a cop makes up a probable cause to pull you over how can you prove that he had no probable cause?
Difficult and expensive to prove lack of probable cause. Probable cause can be anything from suspicious activity in the vehicle to weaving while driving or failure to signal. I am sure you could find a lawyer who would try but I am also sure the judge would eventually find for probable cause in the end.
Can a person get a warrant on you if you filed one on them first and they where arrested for the crime?
only if there is evidence that support a probable cause against you.
When is a search considered lawful?
When they find probable cause, you told a friend you did it and where you hid the evidence, that would be probable cause.
Probable cause in a sentence?
I'm having difficulty identifying the probable cause of the traffic collision.
What is the stale evidence is a problem only for probable cause to?
Justify
Can a person be held in jail without evidence against him or her?
All citizens are protected from unlawful detention by habeas corpus. Habeas corpus states that if there is no evidence against a person that officers can not arrest them.
How long does it take to get a warrant?
It depends on the case and how much evidence is involved. The police are required to find enough evidence that constitutes "probable cause". Once probable cause has been discovered and an adequate affidavit has been issued, the judge will issue the warrant. If the police can quickly find probable cause, the warrant could be issued in a matter of a couple hours. If the police are having trouble, it could take months to years.
What the police must to to follow through with a search warrant?
probable cause
Why is probable cause an important clause in the collection of evidence?
There is no "probable cause clause" attached to the collection of evidence. EVIDENCE of a crime can be collected at any time law enforcement beomes aware of the offense. Evidence, once collected, is developed and used by the investigators, and can lead to the establishment of "probable cause" to charge a particular individual. Under a more technical view of evidence collection - sometimes a warrant may have to be applied for in order to look for and gather evidence and a judge would have to be persuaded that 'probable cause' existed to enter a premises or take blood samples, etc.
What is it called when an officer believes he has sufficient evidence to make an arrest?
Probable cause.
How is probable cause related to arrests?
Probable Cause is more than mere suspicion but less than the amount of evidence required for conviction. Articulable Probable Cause must always be present and is the essential minimal justification for arrest.
Why is time a more important factor in determinig probable cause to search that it is in determining probable cause to arrest?
When a search for evidence is contemplated, the search needs to be done in a timely manner before the evidence is destroyed, disposed of, or moved. The state typically has years to accumulate enough probable cause to arrest someone for a crime.
How was probable cause established?
Probable cause is determined by a statement of the facts in a case, including how much evidence the police have to prove their case. Probable cause is the determination that it is likelier than not a person has committed a crime or is committing a crime. There are different levels of probable cause, including for search warrant and for an arrest warrant. A probable cause for a search warrant isn't necessarily a probable cause for an arrest, and vice versa
