Wednesday, June 30, 2004

Point of Law - Probable Cause

The Fourth Amendment to the Bill of Rights of the United States of America gave rise to the term "probable cause". In essence the Fourth Amendment carries 2 clauses. The first clause states that people have a right to be protected from unreasonable searches and seizures, and the second states that no warrant shall issue except upon probable cause.

It is widely acknowledged that the probable cause requirement is, in many ways, more important than the reasonableness clause. Not all searches and seizures require warrants. Examples of which are automobile searches and arrests in a public place. However, the US Supreme Court has interpreted warrantless searches and seizures as unreasonable unless preceded by probable cause. This means that as a general rule, most searches and seizures require probable cause.

Although there is no written definition of the term "probable cause", but generally speaking based on the established rulings from precedence, probable cause is:

(i) where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution or prudence in the belief that a crime has been or is being committed;
(ii) what would lead a person of reasonable caution to believe that something connected with a crime is on the premises of a person or on persons themselves; and/or
(iii) the sum total of layers of information and synthesis of what police have heard, know, or observe as trained officers.

1 comment:

Dr Purva Pius said...

Hello Everybody,
My name is Mrs Sharon Sim. I live in Singapore and i am a happy woman today? and i told my self that any lender that rescue my family from our poor situation, i will refer any person that is looking for loan to him, he gave me happiness to me and my family, i was in need of a loan of S$250,000.00 to start my life all over as i am a single mother with 3 kids I met this honest and GOD fearing man loan lender that help me with a loan of S$250,000.00 SG. Dollar, he is a GOD fearing man, if you are in need of loan and you will pay back the loan please contact him tell him that is Mrs Sharon, that refer you to him. contact Dr Purva Pius,via email:( Thank you.