Fourth Amendment For Probable Cause In Maricopa
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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.
Wesby, the United States Supreme Court observed that probable cause requires only a probability or substantial chance of criminal activity, not an actual showing of any criminal behaviors.
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 ...
1 Page 2 CALIFORNIA CRIMINAL INVESTIGATION 2 The Required Probability Probable cause: It is often assumed that probable cause requires about a 51% probability because anything less would not be statistically “probable.” Although the Supreme Court has refused to assign a probability percentage (because it views probable ...
So the victim's statement is one piece of evidence that will be considered in determining whether there is enough evidence, or probable cause, for law enforcement to make an arrest of the offender. The victim's statement could be compelling enough for an arrest.
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%.
Reasonableness Requirement All searches and seizures under the Fourth Amendment must be reasonable and no excessive force shall be used. Reasonableness is the ultimate measure of the constitutionality of a search or seizure. Searches and seizures with the warrant must also satisfy the reasonableness requirement.
“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 ...
