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Probable Cause, Search And Seizure

The writs of assistance were very vague and had no reasonable justification for search at all. Countless cases existed involving the unjust seizures of items and unreasonable searches. The need for privacy in one's own home and for a law against unjust search and seizure not only contributed to the colonists" strive toward independence, but was largely reflected upon during the composition of the fourth amendment (Albanese, 2001).
             The Fourth Amendment does not clearly state what exactly the term probable cause means. Many members of the law enforcement community consider it to be a reasonable belief that a person or object is connected to criminal activity given the circumstances of the situation. The circumstances of a situation may widely vary depending on observations, factors from statements heard or just a strong link based on a common display of criminal-like behavior or appearance. Having a gut feeling or prejudice down not define probable cause. Probable cause must be more concrete and contain factors that would lead a reasonable person to believe that something, or someone, is connected to a crime.
             Probable cause is an extremely important topic because it could decide whether someone has freedom or not. It is used to determine whether a search of someone's property is necessary and it could establish whether or not further investigation is required. Probable cause is always needed to take any sort of action. Lacking sufficient cause or having no cause defies the principles set forth which guarantees us the fair rights we have fought for. Probable cause is another step in the check and balance system which prevents injustices from existing.
             Probable cause is not a simple thing to safely establish. It is always judged by the totality of circumstances (Garland & Stuckey, 2000). There cannot be one deciding main factor. Law enforcement officers and, most importantly, judges look at the whole picture and conclude whether or not correct, probable cause exists.


Essays Related to Probable Cause, Search And Seizure

1. Search And Seizure

... it would assist in convicting the defendant. Through the years, the Supreme Court interpretation of the Fourth Amendment has changed due to the development of search and seizure law. The definition of "unreasonable" was first dealt with at the federal level in the 1914 case of Weeks v. United States. Federal law enforcement authorities accused the defendant, ... are considered reasonable. In practice, this means that the police may override your privacy concerns and conduct a search of your home, car, business etc., if the police have probable cause to believe they can find evidence tha...

  • Word Count: 1443
  • Approx Pages: 6
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2. Fourth Amendment - Checkpoints and Roadblocks

... violated. 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. (U.S. Const., 4th Amend.) Officers perform roadblocks and checkpoints to inspect drivers and vehicles passing along the road. During this time, Officers typically lack probable cause as prescribed by the Fourth Amendment for search and seizure. The underlying issue being: are checkpoints ... and roadblocks a violation of the Fourth Amendment? Discussion 1. The Fourth Amendment does not protect individua...

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3. SHould A K-9 Sniff Be Considered Probable Cause For A Search

... handlers have also been trained in recognizing the signs a dog gives when alerting on a particular target. The U.S. Constitution's Fourth Amendment addresses a citizen's right to be protected from unreasonable search and seizure by the government. A police dog sniffing the outside of an object in a public place, outside of a public school locker, or the exterior of a vehicle even without a warrant are ... is permitted by the courts because a dog alert is consid! ered to be enough evidence to establish probable cause and therefore warrant a search (ruled by the U.S. Court of Appeals - (No...

  • Word Count: 1533
  • Approx Pages: 6
  • Has Bibliography
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4. On Fear and Freedom

... but the law enforcement authorities must show a "probable cause" before being granted the warrant. After the September 11 terrorist attack congress felt that Title III came "replete with instructions describing the permissible scope of the surveillance as well as the conversations which may be seized and the efforts to be taken to minimize the seizure of innocent conversations, 18 USC 2518." (www. ... the primary purpose were a criminal investigation. Intelligence surveillance merely needs to be only a "significant" purpose. This provision authorizes unconstitutional physical searches a...

  • Word Count: 4175
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5. Search, Seizure and the Fourth Amendment

... there is a violation by law enforcement of constitutional protection, then the action would be inadmissibility in court for any evidence that was obtained. Four Categories Subject to Search and Seizure Observational evidence is when an officer hears, sees or smells something for instance, a suspicious individual is observed by an officer looking in car windows while holding a baseball bat in ... as the officers has probable cause. A warrant is required normally for an arrest to occur in a location that is not open to the public, except when the officer is in a hot pursuit of a fleeing f...

  • Word Count: 1726
  • Approx Pages: 7
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6. 4th Amendment and the Patriot Act

... States Constitution states, "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 rights guaranteed to United States citizens by the fourth ... of the government. "The right of the people to be secure against unreasonable searches and seizures," means that probable cause is required for a warrant to be issued...

  • Word Count: 1358
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7. Security, Metadata and Privacy

... reads: "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." However, surveillance is becoming more prevalent in everyday ... more useful to NSA experts who search for said associations and examples. Yet, the high worth of metadata for the government is a conceivable counter point. Without it they might be unabl...

  • Word Count: 996
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8. Cyber-crimes: Cyber-terrorism and Hacking

... in the U.S), any administration of justice for suspected evil-doing with computers is covered by the First Amendment (freedom of speech) and the Fourth Amendment (freedom from search and seizure). We all know that laws such as these are best and easiest to apply on traditional terms, in other words, outside cyber-space. The traditional approach in this legal area would be to ... searched onsite. If the computer was used to store information about a crime, the hard drive, printer and printout should be seized. If the computer was used to commit a crime, the entire system should be seized. ...

  • Word Count: 3531
  • Approx Pages: 14
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9. Search or Seizure

The fourth amendment of the U.S. Constitution states as follows: "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." Nowhere in this amendment does there state that the people of the U.S.A. have a "Right to Privacy". But in several Supreme Court Cases, the judges have ruled in favor of a certain decision by stating ...

  • Word Count: 503
  • Approx Pages: 2
  • Grade Level: High School

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