Probable Cause

Topics: Fourth Amendment to the United States Constitution, Searches and seizures, Criminal law Pages: 8 (2409 words) Published: March 13, 2013
Running Head: PROBABLE CAUSE 1

Probable Cause leading to Search Warrant’s
Nicole Yaniero
AIU Online


This paper discusses the underlying circumstances to obtaining a warrant, and proving probable cause. Certain exceptions are made by law in some situations, such as searching vehicles. All officers of the law, and court officials are legally obligated to follow all rights reserved by the Fourth Amendment, and without doing so they could jeopardize their case. Investigation must take place before an officer can prove probable cause to a judge, and obtain a warrant. Warrants are necessary documents in apprehending suspects, conducting searches, and seizures. Without warrants, in most cases, evidence will be ruled as inadmissible. There are several ways to prove probable cause to obtain warrants. Without sufficient probable cause a warrant can not be issued to officers.


Probable Cause Leading To Search Warrants
In everyday cases there are several factors included that must be met for the justice process to be effectively worked out. Probable cause is “ the minimum standard necessary for an arrest under any circumstances.” (Schmalleger,2012). Probable cause is facts that lead to a warrant, arrest, or search. This is the first step in receiving a warrant to search a suspects home, or car. Certain standards are required when coming up with probable cause. There is a certain process by which a warrant is issued, and all officers must obey all suspects of the fourth Amendment rights. In few occasions a search warrant is not necessary, such as an emergency search, a fleeting targets exception, and a suspicion less search.

Investigation Process
Before government officials can file for a warrant they must go through the investigation process. During this process officials will gather evidence in effort to indentify suspects. A reenactment of sequence of events will take place to get ideas of what happened, and how. Once all this evidence is gathered, and police have a suspect they will bring him in for interrogation. During interrogation police will use evidence, find out an alibi if there is one, and get an understanding of motive from suspects. At this time police will use their suspicion, motive, and evidence to pin point one single suspect for the crime. When police have a particular suspect in mind, they will want to search him, his house, car, or place of business for any additional evidence. In order for this to proceed, they will need to be issued a warrant. A warrant is a vital piece of the process. Without this any evidence gathered on a search can be inadmissible in court. An arrest warrant is also needed to make any arrest of a suspect.

PROBABLE CAUSE 4 Obtaining A Warrant
Schmalleger (2012), defines a warrant as something issued by a judge to provide legal basis for apprehension of a suspect, or search. A warrant is usually issued by a judge, based on probable cause offered at the time of hearing the prosecutions reasoning. This warrant being obtained can be either for; searching a premises, or apprehending a suspect. In certain cases, like murder, usually a search warrant will be sought first. This is in order to search for a murder weapon, for example. In other cases officials have enough evidence for an arrest, and no search is needed. In this particular case...
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