CRM 103
Week 3 – Discussion
Explain the three ways probable cause is established and why you do or do not
believe probable cause is important as it relates to searches and seizures.
1.
Observation – which occurs when law enforcement officers observe something that cause
them to believe that a crime is about to be committed or has been committed.
For
instance, if an officer sees a person breaking into a car is viewed as probable cause to
search the person and the vehicle.
2.
Information – which occurs when a law enforcement officer receives information from a
reliable source that cause them to believe that a crime is about to be committed or has
been committed.
For instance, if a law enforcement officer receives a tip from an
informant regarding an individual selling drugs out of their home, this would indicate
probable cause to search the home.
3.
Circumstantial evidence – which occurs when there is no direct evidence of a crime, but
there is enough circumstantial evidence to lead to reasonable person to believe that a
crime has been committed or a crime is about to be committed.
For instance, if a law
enforcement officer finds a large amount of cash and drug paraphernalia in the car of an
individual, would indicate probable cause that the person was involved in drug
trafficking.
Probable cause is essential because it assists with assuring that law enforcement officials do not
violate the Fourth Amendment rights of citizens by conducting unreasonable searches and
seizures.
By requiring probable cause before conducting a search and seizure, the Fourth
Amendment assists with protecting the privacy of citizens and preventing abuses of power by
law enforcement officials (Bieber, 2023).
Bieber, C.
(2023).
The fourth amendment:
Unreasonable search and seizure.
Retrieved from
https://www.forbes.com/advisor/legal/criminal-defense/fourth-amendment
.
