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To: Kozak

Probable cause
Main article: Probable cause
When police conduct a search, the amendment requires that the warrant establishes probable cause to believe that the search will uncover criminal activity or contraband. They must have legally sufficient reasons to believe a search is necessary. In Carroll v. United States, 267 U.S. 132 (1925), the Supreme Court stated that probable cause to search is a flexible, common-sense standard. To that end, the Court ruled in Dumbra v. United States, 268 U.S. 435 (1925), that the term probable cause means “less than evidence that would justify condemnation,” reiterating Carroll’s assertion that it merely requires that the facts available to the officer would “warrant a man of reasonable caution” in the belief that specific items may be contraband or stolen property or useful as evidence of a crime.[42] It does not demand any showing that such a belief be correct or more likely true than false. A “practical, non-technical” probability that incriminating evidence is involved is all that is required.[43] In Illinois v. Gates, 462 U.S. 213 (1983), the Supreme Court ruled that the reliability of an informant is to be determined based on the “totality of the circumstances.”
At common law, a police officer could arrest an individual if that individual committed a misdemeanor in the officer’s presence or if the officer had probable cause to believe that the individual committed a felony. For misdemeanors, probable cause to believe that a wrongdoer committed a misdemeanor is not sufficient for an arrest—the police officer has to actually witness the misdemeanor.[34]
The standards of probable cause differ for an arrest and a search. The government has a probable cause to make an arrest when “the facts and circumstances within their knowledge and of which they had reasonably trustworthy information” would lead a prudent person to believe that the arrested person had committed or was committing a crime.[44] Probable cause to arrest must exist before the arrest is made. Evidence obtained after the arrest may not apply retroactively to justify the arrest.[45]


44 posted on 04/23/2013 6:09:16 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: knarf

Is it reasonable to conduct a house to house ARMED SWAT TEAM MILITARY STYLE POLICE STATE search forcing people out of their homes, scaring children , demanding come out with your hands up..patting you down as you try to get out of your house on the sidewalk....

WHEN YOU DONT EVEN USE DOGS TO TRAIL THE GUYS SCENT TO HIS REAL HIDEOUT????

The search they did IS NOT REASONABLE when they don’t even use basic police tools to catch a killer.


49 posted on 04/23/2013 6:14:21 AM PDT by RummyChick
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To: knarf

so you think”probable cause” gives the police cart Blanche to do warrant less searches over a 26 mile urban area?


84 posted on 04/23/2013 6:35:11 AM PDT by Kozak (The Republic is dead. I do not owe what we have any loyalty, wealth or sympathy.)
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