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In United States criminal law, probable cause refers to the standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers A presentence investigation report ( PSI) is a Legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to The United States of America —commonly referred to as the The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime A search warrant is a Court order issued by a Judge or Magistrate that authorizes law enforcement to conduct a Search It is also used to refer to the standard to which a grand jury believes that a crime has been committed. In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. This term comes from the Fourth Amendment of the United States Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The Fourth Amendment' ( Amendment IV) to the United States Constitution is a part of the Bill of Rights. The Constitution of the United States of America is the supreme Law of the United States.
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Definitions
The most widely held, common definition is "a reasonable belief that a person has committed a crime. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment "[1]
An alternative definition has been proposed, "reason to believe that an injury had criminal cause", which is claimed to be more protective of individual rights as was intended by the authors of the United States Bill of Rights.
Another definition is that is "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true. The reasonable person standard is often used legal term that originated in the development of the Common law. Probability is the likelihood or chance that something is the case or will happen "[2]
In the context of warrants, the Oxford Companion to American Law defines probable cause as "information sufficient to warrant a prudent person's belief that the wanted individual had committed a crime (for an arrest warrant) or that evidence of a crime or contraband would be found in a search (for a search warrant). " "Probable cause" is a stronger standard of evidence than a reasonable suspicion, but weaker than what is required to secure a criminal conviction. Reasonable suspicion is a legal standard in United States law that a person has been is or is about to be engaged in criminal activity based on specific and articulable facts In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. Even hearsay can supply probable cause if it is from a reliable source or is supported by other evidence, according to the Aguilar-Spinelli test. Not to be confused with Heresy. Hearsay is a legal term referring to the use of out of court statements as evidence The Aguilar-Spinelli test was a judicial guideline set down by the U
Accident investigation
The term is used in accident investigation to describe the conclusions reached by the investigating body as to the factor or factors which caused the accident. This is primarily seen in reports on aircraft accidents, but the term is used for the conclusion of diverse types of transportation accidents investigated in the United States by the National Transportation Safety Board or its predecessor, the Civil Aeronautics Board. The United States of America —commonly referred to as the The National Transportation Safety Board (NTSB is an independent U Governments have played an important part in shaping air transportation
Related cases
The Supreme Court decision Illinois v. Gates (1983) lowered the threshold of probable cause by ruling that a "substantial chance" or "fair probability" of criminal activity could establish probable cause. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Illinois v Gates,, is a Fourth Amendment case Gates overruled Aguilar v Year 1983 ( MCMLXXXIII) was a Common year starting on Saturday (link displays the 1983 Gregorian calendar) A better-than-even chance is not required.
The decision in Terry v. Ohio (1968) established that "stop and frisks" (seizures) may be made under reasonable cause if the officer believes a crime has been committed, is, or soon will be committed with a weapon concealed on such person. Terry v Ohio, 392 US 1 ( 1968) was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition Year 1968 ( MCMLXVIII) was a Leap year starting on Monday (link will display full calendar of the Gregorian calendar. Reasonable suspicion is a legal standard in United States law that a person has been is or is about to be engaged in criminal activity based on specific and articulable facts
In United States v. Matlock, 415 U. S. 164 (1974), the Court announced the "co-occupant consent rule" which permits one resident to consent in the co-occupant's absence. United States v Matlock, 415 US 164 (1974 was a Supreme Court of the United States case in which the Court which ruled that the Fourth Amendment Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters Year 1974 ( MCMLXXIV) was a Common year starting on Tuesday (link will display full calendar of the 1974 Gregorian calendar. The case established that an officer who makes a search with a reasonable belief that the search was consented to by a resident does not have to provide a probable cause for the search. However, in Georgia v. Randolph, 126 S. Georgia v Randolph, 547 US 103 ( 2006) is a case in which the Supreme Court of the United States held that police without a Search warrant Ct. 1515 (2006) the Supreme Court ruled, when officers are presented with a situation wherein two parties, each having authority to grant consent to search premises they share, but one objects over the other’s consent, the officers must adhere to the wishes of the non-consenting party. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. [3]
New Jersey v. T. L. O. (1985) set a special precedent for searches of students at school. New Jersey v T L O, 469 US 325 ( 1985) was a case appealed to the Supreme Court of the United States in 1984, involving Year 1985 ( MCMLXXXV) was a Common year starting on Tuesday (link displays 1985 Gregorian calendar) The Court ruled that school officials act as state officers when conducting searches, and do not require probable cause to search students' belongings, only reasonable suspicion. Reasonable suspicion is a legal standard in United States law that a person has been is or is about to be engaged in criminal activity based on specific and articulable facts
Probable cause hearings
- See also: Evidentiary hearing
In the various states of the United States a probable cause hearing is the preliminary hearing that typically takes place after arraignment and before a serious crime goes to trial; the judge is presented with the basis of the prosecution's case and the defendant is afforded full right of cross-examination and the right to be represented by legal counsel. Within some criminal justice systems a preliminary hearing ( evidentiary hearing) often abbreviated verbally as a "prelim" is a proceeding after a The United States of America —commonly referred to as the In law a hearing is a Proceeding before a Court or other decision-making body or officer Arraignment is a Common law term for the formal reading of a criminal Complaint, in the presence of the Defendant, to inform him/her of the charges A judge, or justice, is an Official who presides over a Court of law The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff See Structure of policy debate for cross-examination in Policy debate. A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person If the prosecution cannot make out a case of probable cause the court must dismiss the case against the accused.
References
- ^ 'Lectric Law Library web site. Accesssed April 11, 2008.
- ^ Handler, J. G. , Ballentine's Law Dictionary: Legal Assistant Edition (1994, Albany:Delmar Publishers), at p. 431.
- ^ FBI web site
External links
- Legal information about probable cause
- The Lawful Arrest FAQ entry on probable cause
- Further information from Flexyourrights. org
- Congressional Research Service
Dictionary
probable cause
-noun
- (US) The standard by which a police officer may make an arrest or conduct a personal or property search.
- In accident investigations, the conclusions reached by the investigating body as to the factor or factors which caused the accident.
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