Fourth Amendment For Probable Cause In Pennsylvania
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FAQ
One instance where a lack of Probable Cause may arise is in prosecutions for Driving Under the Influence pursuant to California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC. Law enforcement is always on heightened alert for impaired drivers, especially at certain times and locations.
To establish probable cause, an officer must have far more than a “feeling” or even reasonable suspicion that a person may have committed a crime. For example, a cop would not be exercising probable cause if they said “I just had a hunch that this person was hiding an illicit substance in their console.”
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.
The presentation of any of these facts would allow an officer to perform a search and make an arrest. Be aware that minor traffic violations (e.g. speeding, broken tail-light, or expired registration) are not considered probable cause.
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%.
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 ...
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.
To establish probable cause, an officer must have far more than a “feeling” or even reasonable suspicion that a person may have committed a crime. For example, a cop would not be exercising probable cause if they said “I just had a hunch that this person was hiding an illicit substance in their console.”
