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Many small things can be combined to create probable cause. Most often PC for a search warrant comes from either the criminal investigation of a crime in which you are suspected of being involved, or from a named or confidential informant. Searches without a warrant are usually exigent circumstance searches in which the officer can articulate a specific need to search without a warrant. Most often this is used in searching a car. Because a car is mobile and easily hidden, an officer may feel that he has probable cause to search because (for example), through his training and experience, he detects an odor of marijuana. The exigent circumstance exists because if he releases the car and waits to obtain a search warrant, the evidence will probably be gone.
What else can I help you with?
Can revoking consent for an ufficer to search give a police officer an indication of probable cause to obtain a search warrant?
No. The officer would have to have other reasons than a revoked consent. Revoking a consent does not lead to the officer having a 51%/ more likely than not justification that there is evidence of a crime. There has to be other factors that play into it. And even if he does have probable cause he would need to get the warrant and then continue the seach.
How is probable cause and reasonable suspicion similar?
Probable cause and reasonable suspicion are legal actions that can be enforced by a law officer. These two actions are similar in that they give the police officer the ability to gain access when investigating a criminal action.
Can a traffic infraction give a cop probable cause to search your vehicle alone in Florida state law?
No. Unless you are being arrested or give the officer consent to search the car a simple traffic infraction alone does not give the right to search a vehicle.
Can the police search your car if you do not give permission?
Under narrow circumstances, yes. If the officer has probably cause to believe you have committed some crime, they can search your car.
Can police search car if you say no?
Yes an officer can still search your car. The officer could claim there is probable cause to search your car, because you just denied the search, which the officer would say, looks like a sign of guilt.Another View: NOT exactly! If you do not voluntarily consent to a vehicle search, the officer can still partially search it, but he MUST confine his search to the immediate area around, and within the reach of, the driver.To carry the search any further he could call for a drug dog or need some probable cause to place you under arrest and impound your car. Of course if he observes anything suspicious while within the car (the butt of a gun - 'roaches' in the ash tray - drugs, pills, or other contraband on the floor mats, etc. then you're pretty much 'toast.'
Do police need a search warrant in Canada?
In the general context of the question, the answer is yes, however consult a Lawyer for specifics to your case. Basically, what makes a search legal in Canada is the existence of Probable Cause to believe either that a crime is in progress or that the search will turn up evidence pertinent to an investigation. There are occasions when probable cause can be deemed to exist, allowing a police officer to search a person, item or premises without a warrant, and there are occasions when an officer requires either consent or a warrant to search. Examples where police do not require a search warrant: -The police are looking for a missing woman and knock on your door as part of a neighborhood canvass. Visible over your shoulder, lying on the floor, is a woman. -During a traffic stop, a strong odor of marijuana is wafting from your car -A fleeing suspect runs into a home -There is an immediate danger to life or property if they are not permitted to conduct the search (such as a house on fire). Notes: -Unrelated evidence turned up while conducting a legal search is admissible. For example, if the police enter that home on fire looking for victims and find your grow-op, that evidence is admissible. -A mere refusal to consent to a search cannot be used to help establish probable cause. For example, if a police officer asks you to if he may look in your trunk, saying "no" does not, as a matter of law, give him probable cause to suspect you're hiding something. Without other grounds, he cannot search the trunk.
Do you have to let police search your car?
The police in many countries do not need a warrant to do a vehicle search. Probable cause is enough to do a roadside search and that could be a bottle rolling on the backseat floor, the smell of alcohol on your breath or the smell of marijuana either burned or fresh.
What conditions can a police officer search a person?
When he has a warrant, when you get arrested and if you give them permission to search you
What constitutes an illegal search?
A search by law enforcement that is not supported by at least articulable reasonable suspicion. See: http://en.wikipedia.org/wiki/Terry_v._Ohio A search that takes place without a warrant and without probable cause. Probable cause requires a reasonable articulable suspicion that a crime has been committed or is about to be committed. It is more than a mere hunch. For more information, see the related links below.
Can a minor give police officer the right to search their residence with a warrant?
There is no consent needed from anybody when there is a valid search warrant in play. The court gives the police the right to search by granting the search warrant.
Can the police search your car for running a red light?
The police cannot search a vehicle unless they have a warrant for an arrest on the driver or any passenger, or they have reason to suspect that person is under the influence of drugs or alcohol use, or committed robbery or something. But, if a person runs a red light, that is reason enough to believe anything.For officer safety, they can search the "lunge area," the area immediately within the drivers reach. Also, they don't have to have a warrant for arrest, they can perform an "administrative (inventory) search" subsequent to the arrest of the driver, if the driver is arrested for any reason, warrant or not. "Reason to suspect" is not adequate; they have to have "probable cause." While running a red light might be reason enough for "mere suspicion," it is not enough to search the entire vehicle. They can also ask the driver for consent to search (which should never be granted); most give consent even when they know there are illegal items in the vehicle. (I guess they think they will look suspicious if they don't and that the police won't find anything.) And finally, if a narcotics detection dog alerts on the outside of the vehicle, that gives probable cause to search.
Can a police officer search a minor?
Yes, there are circumstances where this is possible. If the minor was running from police and they have reason to believe he or she is hiding in a home, the police may pursue the minor. Also, if the police have reason to believe that the minor was involved in a serious crime, they may detain or arrest him or her. (But under most circumstances, a minor cannot be questioned without an adult present.) And it should also be noted that laws about where and when a juvenile can be arrested vary from state to state. On the other hand, under most circumstances, the police may not enter a home looking for evidence without first obtaining a search warrant; in that situation, police must have the warrant in hand before they are allowed to conduct a search. The Fourth Amendment protects minors, just as it protects adults, from unreasonable searches and seizures.
