Definition and Applications of Probable Cause - Book Report/Review Example

Criminal ProcedureAbstractThis paper looks into different definition and applications of probable cause. Through ought the development of law, probable cause has emerged as a strong investigative tool used by government agents to execute various tasks. In understanding its application, this paper looks at other aspects such as arrest warrants and search warrants. Question 1:a) Probable cause is defined as the existence of enough evidence, facts or reason that is convincingly believable indicating that a crime has been, is being or is going to be committed.b) In establishing probable cause, first, there must be a presentation of facts and circumstances.

A police officer has to provide specific and convincing evidence, such as personal account of observations made, in order to proof the involvement of the suspect. The police officer must also present facts that are within his knowledge indicating that the suspect was actually involved in the alleged crime (Handler,1994). He or she must also establish to an extent that a reasonable and probably knowledgeable person can believe, of the intent to commit a crime or that a crime has been committed.

These circumstances can sufficiently provide probable cause.c) An arrest warrant must have An affidavit showing probable cause for its issuance. Indicate the name of the person swearing to the affidavit, Describe with particularity the person or be seized.Question 2 a) A police officer can stop an person when and if he is convinced to reasonable level that the person has intentions to commit a crime. That is to mean that the police officer is convincingly suspicious of the individual.b) A police officer may frisk a person for the sake of his own protection and for the protection of other persons nearby and in order to discover items such as guns, knives, clubs, or other hidden instruments that may be used to harm the police officer or other persons. c) While determining whether an officer has reasonable suspicion, a court looks into the evidence presented by the officer in relation to the circumstances under which the officer made an arrest.

This is an objective standard since the court ignores all other factors that the officer had and looks only at factors presented.Question 3 Motor Vehicle Exception.An officer can search a motor vehicle without a search warrant, as long as he has probable cause. The officer is nonetheless limited to search only the area he has probable cause to search, and this may include the whole vehicle and the trunk. The officer may also search any containers found in the vehicle, regardless of their ownership.

In Wyoming v Houghton, the Wyoming Supreme Court reversed since the officer searched Ms, Houghton’s purse without probable cause, despite the officer finding a syringe containing 60 ccs of methamphetamine. Ms. Houghton was a passenger in the vehicle when the police officer stopped it for a faulty brake light.Question 4. Mr. Pelosi and Narcotics. In this case, the police acted on probable cause and continued to provide evidence that indicated Mr. Pelosi in a narcotics use. The search in his house resulted into more evidence where large amounts of cocaine and heroin were found.

The process of vindicating Mr. Pelosi had began with the evidence collected with the garbage .In their investigation, the police had executed their duties lawfully including using a party not directly related to the case and even acquired a search warrant which they legally executed. However, under all circumstances, Mr. Pelosi had privacy to his garbage and police ought to have found other means to vindicate him. Here a few questions emerge. How did the police, for instance, proof that indeed the plastic bag had come from Mr.

Pelosi’s house? Were there chances that the garbage collector could have wrongly identified a plastic bag from another person’s house to be that from Mr. Pelosi’s? Although the police succeed in collecting enough evidence when they found more narcotics in his house, this case had a number of visible loopholes applicable in appeal.ReferencesHandler, J. G. (1994). Ballentine's Law Dictionary (Legal Assistant ed.). Albany : Delmar.