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What Constitues Probable Cause?

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    • If an officer finds probable cause, you can be arrested.police sign image by Vladislav Gajic from Fotolia.com

      Probable cause is factual evidence that can convince a reasonable person that a crime or breaking of the law was done or is planning to be done. Probable cause must be present before an arrest. The Fourth Amendment of the U.S. Constitution says that people have the right to feel secure against unreasonable searches or arrests without the presence of probable cause. If probable cause is present and there is an arrest, you will remain in custody unless you can prove probable cause didn’t exist.

    Grounds for Suspicion

    • Swerving while driving could be grounds for suspicion of drunken driving. Someone running at the sight of an officer could be ground for suspicion of wrongdoing. If an officer feels an action is suspicious of wrongdoing, an arrest can be made as a result of this suspicion.

    Facts and Circumstances

    • If an officer has knowledge of facts that are evident enough to convince a reasonable person of wrongdoing, an arrest can be made. Furthermore, if there is knowledge of previous or present circumstances that will convince a reasonable person that wrongdoing was done, was in the process of being done, at the time of arrival, or will be done, an arrest can be made.

    Requirement for Examination of the Matter

    • Requirement for examination of the matter is the need for further investigation of the details of the crime. This requirement is met by the justice system. The job of the justice system is to provide public justice to people of its jurisdiction. This ties in to the good of the community. It is the duty of the officer to service the public through protection. Therefore, the requirement for examination of the matter is automatic. It will always be present when determining probable cause.

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