"The Fourth Amendment has two clauses.
The first states that people have a right to
be protected from unreasonable
searches and seizures, and the second
states that no warrant shall issue except
upon probable cause. The roots of the
second clause -- the probable cause
requirement -- lie in English and American
colonial history. Prior to the framing of
our Constitution by the founding fathers,
the government had virtually unlimited
power to believe, right or wrong, that any
illegal items they were looking for would
be found. In England, this all-purpose
power took the form of what were called
general warrants; in colonial America,
they were called writs of assistance. To
protect against the abuses inherent in
this kind of power, the Framers added a
probable cause requirement... "
More on probable cause from
"Probable Cause is one of the most
debated and misunderstood concepts
in police work." ~ Barry M. Baker
Probable cause is really a very simple
compilation of facts, based on evidence,
to indicate that a person probably
committed the crime or offense being
alleged.  Since probable cause to make an
arrest requires a lower threshold of
evidence than is required to convict a
person, many police officers take the low
road and choose brevity over detail in
their probable cause statements.  You
often hear police officers whine about the
criminal being released before they're
done with their paperwork.  Well, while
that's an exaggeration, the rapid release
of those charged criminally is
often...actually, very often the result of
the police officer's failure to provide the
reviewing court official all of the
information available.

Get Your Degree!

Find schools and get information on the program that’s right for you.

Powered by Campus Explorer

Copyright © 2016  Barry M. Baker