What is probable cause?

Рет қаралды 4,448

2 жыл бұрын

Articulating precisely the definition of “probable cause” or “reasonable cause” is not possible. P.C. is a fluid concept and whether or not you had P.C. to arrest or conduct a search will be evaluated on a case-by-case basis. “On many occasions, we have reiterated that the probable-cause standard is a ‘practical, nontechnical conception’ that deals with the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.”
Remember, evidence found after a search cannot be used retroactively to establish probable cause. It may be tempting to try to cure an unlawful search by telling the prosecutor, “But I found 100 kilos of cocaine! There must have been probable cause!” That’s a great argument, but it is legally flawed. Similarly, just because the evidence sought was not found does not mean that there was no probable cause at the beginning.
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Пікірлер: 6

@blueliesmatter2 2 жыл бұрын

7:50 officers need to think about that more often. Unfortunately we all know the phrase "you will beat the wrap but not the ride". As you point out officers are brought up believing PC is enough, it is unethical in many cases. Knowing your case will not hold up in court but that it is not a constitutional violation is definitely an ethical issue. You point out examples of when it is not unethical to do that in cases like domestic violence that solves the issue for a night. Arresting a guy for disorderly conduct to then justify a criminal trespass from public property is a tool too many officers use, they know the arrest won't hold up, but the criminal trespass is still on the books after the dismissal. That to me is a huge issue. It is a legal run around that deprives a person of their rights. One reason so many are pushing to end qualified immunity is that officers intentionally abuse a system that is designed to help them. Think twice about making an arrest that you know will not hold up. Police continually arrest copwatchers for interfering despite knowing they are not interfering. This is an example of PC to make an arrest knowing it won't hold up and then getting away with depriving a person of his rights.

@NextPivMaster 2 жыл бұрын

Is the thumbnail taken from the 10 rules for dealing with police video from Flex Your Rights? If not I wonder what law enforcement thinks of videos like that for example the general advice not to talk to the police.