Answer :
Final answer:
The police must have probable cause to arrest someone or to obtain a search warrant, which requires demonstrating to a judge a reasonable basis for believing a crime has been or will be discovered. It is a higher standard than reasonable suspicion and is in line with Fourth Amendment protections against unreasonable searches and seizures.
Explanation:
For the police to arrest someone or obtain a search warrant, there must be probable cause. Probable cause is a legal standard that requires law enforcement to demonstrate to a judge that there is a reasonable basis to believe a crime has been committed or that evidence of a crime will be found. This standard is used by judges to issue warrants and is necessary for the constitutionality of a search or seizure. On the other hand, reasonable suspicion is a lower standard that allows police to stop and frisk individuals if they suspect a crime is being, has been, or is about to be committed. However, it is not sufficient for obtaining a warrant.
Despite the need for probable cause, there are situations where the police can conduct searches without a warrant. These include when a person consents to a search, in exigent circumstances where evidence may be destroyed, if the items are in plain view, or during certain car searches and border entries. The courts maintain that the threshold for probable cause is lower than the standard required for a criminal conviction, emphasizing its role in upholding the Fourth Amendment, which prohibits unreasonable searches and seizures.
Answer:
Explanation:
Probable cause is a requirement found in the Fourth Amendment that must usually be met before the police make an arrest, conduct a search, or receive a warrant. Courts usually find the probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Under exigent circumstances, probable cause can also justify a warrantless search or seizure. Persons arrested without a warrant are required to be brought before a competent authority shortly after the arrest for a prompt judicial determination of probable cause.
