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Arrest Without Probable Cause In Maricopa
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State:
Multi-State
County:
Maricopa
Control #:
US-000280
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FAQ
Definition of Probable Cause - Probable cause means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed. Legal Repercussions of Probable Cause - Probable cause is enough for a search or arrest warrant.
There are four categories into which evidence may fall in establishing probable cause. These include observational, circumstantial, expertise, and information: Observational evidence is based on what the officer sees, smells, or hears.
For an arrest, probable cause means that officers must have enough evidence or information to reasonably believe that a person has committed a crime. This could stem from direct observation of the crime, such as witnessing a theft in progress, or from reliable information, like a credible eyewitness account.
And four in felony. Cases judges use the probable cause standard at preliminary hearings. The courtMoreAnd four in felony. Cases judges use the probable cause standard at preliminary hearings. The court decides whether enough evidence exists to move the case forward to trial.
Under the Fourth Amendment of the U.S. Constitution, law enforcement cannot perform “unreasonable searches and seizures.” This includes the seizure of one's person, such as an arrest. The Fourth Amendment forbids the arrest or detention of a person without a warrant or probable cause.
For example, the officer may have been called to a store after reports of a shopper acting suspiciously. If the accused is threatening to rob the store or is in clear possession of a firearm, this would give the officer the required probable cause to make an arrest.
What is reasonable suspicion? Reasonable suspicion requires the officer to have specific facts, not just a hunch, that a person is involved in a crime. If an officer has reasonable suspicion, he is able to briefly stop a person to ask questions to confirm or refute his suspicion.
Among the options given, reasonable suspicion is not considered a legitimate source of probable cause. Reasonable suspicion involves a belief that a person may be involved in criminal activity based on specific and articulable facts.
Some courts and scholars have suggested probable cause could, in some circumstances, allow for a fact to be established as true to a standard of less than 51%, but as of August 2019, the United States Supreme Court has never ruled that the quantification of probable cause is anything less than 51%.
Final answer: A hunch or gut feeling is not a legitimate source of probable cause because it lacks the factual basis required for legal actions such as making an arrest or conducting a search.