Because It’s Probable: Reviewing Probable Cause, Warrants, Searches, Arrests, and How They Intertwine.
Running Head: BECAUSE IT’S PROBABLE: REVIEWING PROBABLE CAUSE, WARRANTS, SEARCHES, ARRESTS, AND HOW THEY INTERTWINE.
Because It’s Probable
September 6, 2006
AIU Online
Abstract The following paper reviews probable cause as it applies to the duties of law enforcement. We will review different scenarios involving probable cause and the different court rulings that govern police and other law enforcement officer’s procedures involving the searching of a residence, arresting offenders, and the use of warrants. Due, to the inconsistency and complexity involved in real life situations, a multiplicity of use involving warrants, probable cause, searches, and other police actions can occur. The following paper discusses the use of warrants, arrests, and the searching of private residences, when the law enforcement officers involved have concluded that there is probable cause. Although, probable cause is a necessary requirement in the obtaining of a warrant and in the following through of arrest procedures, ironically, according to the Legal Information Institute at the Cornell Law School, “Neither the Fourth Amendment nor the federal statutory provisions relevant to the area define “probable cause;” the definition is entirely a judicial construct” (Cornell, 2006). Perhaps, there is no clearly defined definition of probable cause. However, there are many relevant cases that have been tried and have established guidelines for the determination of what can be construed as probable cause. Two of these are Dumbra v. United States and Brinegar v. United States. The case 1925 case of Dumbra v. United States, the court consented that in order for a search warrant to be granted, the officer who is making the request merely needs to have “reasonable grounds at the time of his affidavit” (Cornell, 2006). The 1949 case of Brinegar v. United States, clearly announces that Probable cause is to be determined according to “the factual and
Because It’s Probable
September 6, 2006
AIU Online
Abstract The following paper reviews probable cause as it applies to the duties of law enforcement. We will review different scenarios involving probable cause and the different court rulings that govern police and other law enforcement officer’s procedures involving the searching of a residence, arresting offenders, and the use of warrants. Due, to the inconsistency and complexity involved in real life situations, a multiplicity of use involving warrants, probable cause, searches, and other police actions can occur. The following paper discusses the use of warrants, arrests, and the searching of private residences, when the law enforcement officers involved have concluded that there is probable cause. Although, probable cause is a necessary requirement in the obtaining of a warrant and in the following through of arrest procedures, ironically, according to the Legal Information Institute at the Cornell Law School, “Neither the Fourth Amendment nor the federal statutory provisions relevant to the area define “probable cause;” the definition is entirely a judicial construct” (Cornell, 2006). Perhaps, there is no clearly defined definition of probable cause. However, there are many relevant cases that have been tried and have established guidelines for the determination of what can be construed as probable cause. Two of these are Dumbra v. United States and Brinegar v. United States. The case 1925 case of Dumbra v. United States, the court consented that in order for a search warrant to be granted, the officer who is making the request merely needs to have “reasonable grounds at the time of his affidavit” (Cornell, 2006). The 1949 case of Brinegar v. United States, clearly announces that Probable cause is to be determined according to “the factual and