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Probable cause is a legal standard used primarily in criminal law to determine whether law enforcement has sufficient justification to make an arrest, conduct a search, or obtain a warrant. It requires that law enforcement officers have reasonable grounds to believe that a crime has been committed or that evidence of a crime can be found in a specific location. This standard is higher than mere suspicion but lower than the "beyond a reasonable doubt" standard required for a conviction. The purpose of probable cause is to protect individuals from unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution.
What else can I help you with?
What is the burden of proof needed for in an arrest?
It is not known as "The Burden of Proof" it is known as "PROBABLE CAUSE." Probable cause is a standard used in justifying certain police actions. For example, police need to have probable cause to believe that evidence of a crime exists. It is more than mere suspicion but less than the amount of evidence required for conviction. (e.g.- A police officer may have probable cause to believe that there is the possibility of criminal activity when someone is encountered trespassing on private property late at night wearing a stocking mask, in order to justify stopping and searching the person for possession of criminal tools.) See:http://definitions.uslegal.com/p/probable-cause/
The burden of proof standard used in civil cases is called?
preponderance of evidence
What is the difference between probable clause and reasonable doubt?
In short, probable cause requires the belief of the affiant that more likely than not these are the facts of the situation, whereas, beyond a reasonable doubt is a higher standard of proof which would require a standard that there is no doubt (reasonably) that these are the facts of the situation. Probable cause is used for making an arrest, obtaining warrants, etc... where beyond a reasonable doubt is used during the criminal justice trial by the jury/judge for convictions of the crimes being charged.
When can hearsay be used to establish probable cause for a search warrant?
When it is corroborating or corroborated.
How does the role of probable cause affect an investigator?
you need to clarify your question. Probably cause can be used in many different applications.
What is the purpose of the direct examination?
The purpose of direct examination is to legally meet the burden of proof. This is usually used in order to present evidence in a hearing.
Define and describe probable cause?
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. It is also used to refer to the standard to which a grand jury believes that a crime has been committed.Added: Probable cause is the standard used in justifying certain police actions. For example, police need to have probable cause to believe evidence of a crime exists when making an arrest or in requesting a search warrant.Probable Cause is more than mere suspicion but less than the amount of evidence required for conviction.For example: A police officer may use "probable cause" to arrest someone for attempted theft when he finds someone trespassing on private property late at night wearing a stocking mask. Using this probable cause as justification for stopping the subject and, searching them, they find them in possession of burglary tools, thereby justifying the probable cause forcible stop.
What is the burden of proof for fraternization under the UCMJ?
The same as any charge made under the UCMJ, the burden of proof is upon the accused. Should you be accused of fraternization by a military authority, it will be necessary for you to prove your innocence.
What does it mean when it says probable cause?
Probable cause is a legal standard used to determine if there are sufficient grounds to make an arrest, conduct a search, or obtain a warrant. It requires that there be a reasonable basis to believe that a crime has been committed or that evidence of a crime can be found at a specific location.
Can a persons criminal history be used as probable cause in a traffic stop?
not technically, but police run a tag, if there is a c.h. for the owner, they usually try to find a reason. probable cause is them having a legitamate reason, such as an obvious traffic incraction, or someone reporting you as a possible dui.
What level of proof is required for an officer to conduct a stop and frisk?
Officers are required to have reasonable suspicion to detain someone, and must have further belief that the person may be carrying a weapon that can be used to harm the officer in order to frisk them. Reasonable suspicion is a level of belief less than probable cause.
Can you get in trouble for cheating if a sheet with equasions on it was found in my calculator the day after an exam?
Only if there is probable cause to believe that you used them against regulations.
