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Why is time a more important factor in determinig probable cause to search that it is in determining probable cause to arrest?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 13y ago
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Who is the responsible for determining the existence of probable cause for the issuance of a warrant of arrest or search warrant?
judge
What is required for an arrest warrant?
probable cause
When is probable cause not required?
When no arrest is contemplated.
Can immigration arrest on store parking lots?
If they have probable cause to do so, yes. With probable cause, or an arrest warrant, law enforcement may make an arrest at any location, private or public.
What are the legal basis for arrest?
A police officer must have probable cause in order to arrest someone. They can arrest a person if they see a crime taking place or if an arrest warrant has been issued.
Most juridictions allow arrest for a felony without a warrant as long as probable cause is established?
Most juridictions allow arrest for a felony without a warrant as long as probable cause for the arrest can be articulated.
A confirmed NCIC hit may be probable cause for arrest.?
An unconfirmed NCIC Wanted Person File Hit can constitute probable cause to make an arrest.
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 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.
Police may arrest a person accused of a crime if they have what?
I think "probable cause" is the legal term.
How long does a Florida DA have to file an arrest charge?
Until he has sufficient probable cause to sustain a warrant for an arrest.
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.
