November 10, 2010
Probable cause does not rise to the level of proof beyond a reasonable doubt but must be beyond a mere hunch or guess.
The legal standard to a probable cause arrest is when an officer finds evidence during a valid stop and frisk search that confirms the reasonable suspicion of an officer that a crime has been or is being committed and would lead to the arrest of and offender. There are a variety of sources to establish probable cause and they are personally observed facts by an officer, information received from an informant. When information supplied by informant the courts and police need to know what facts was observed by them and why should their information be reliable. In some cases stale probable cause take place this is when the original grounds of supporting probable cause for arrest could be disproved by subsequent investigation and new evidence arrives that may lead to the arrest of a different person, also if the crime may have been resolved. There is a statue of limitation for arrest, once probable cause is established in any arrest. Once the limitation expires that means the probable cause on longer exists, and the person cannot be rearrested. Basically an arrest is not legitimized without the proper facts and evidence better know as probable cause.
Grand Jury Indictment is when an individual is charged with a crime voted on by a grand jury.
Unless a defendant waives the Fifth Amendment right to a grand jury indictment, in a federal prosecution the prosecutor must initiate a serious criminal case through a grand jury indictment. Federal grand juries consist of between sixteen and twenty-three grand jurors with a foreperson appointed by the court to overseeing the grand jury. For an indictment at least twelve grand jurors must vote to indict, or not indictment can be issued. A federal prosecutor presents witnesses in front of the grand jury and asks questions of the...