I, the Undersigned, Find that There is Probable Cause to Believe that on or About the Date of Offense Shown and Form
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People also ask
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Who decides whether probable cause exists in a case?
In felony cases, a preliminary hearing is often held to determine if there is enough evidence to proceed to trial. During this hearing, the judge evaluates whether the prosecution has established probable cause.
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What makes something a probable cause?
ing to the U.S. Supreme Court in Brinegar v. United States, probable cause exists when the “facts and circumstances” that police officers know about, based on “reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.”
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What is an example of a probable cause?
A law enforcement officer visits a person's home after a report of domestic violence and observes weapons in the home and bruises on the alleged victim. This provides probable cause for a search of the home and, if the available evidence creates a reasonable suspicion of a crime, also probable cause for an arrest.
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Which of the following can be used to establish probable cause quizlet?
Which of the following can be used to establish probable cause? personal observations and knowledge of the investigator.
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How many ways are there to establish probable cause?
Probable Cause Basics Law enforcement can establish probable cause through live, sworn testimony or by a detailed affidavit describing why a warrant is necessary.
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Does the Fourth Amendment mention probable cause?
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 ...
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What elements can be used to establish probable cause?
To establish probable cause, police officers must be able to cite objective facts or circumstances that led them to believe a suspect committed a crime. For example, a police officer can't arrest someone or search a car on a hunch or a gut feeling. They must use facts to support their reasoning.
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Which of the following can be used to establish probable cause?
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.
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