Probable cause in the criminal justice system
Probable cause in the criminal justice system revolves around the belief that someone committed a crime. In the United States, probable cause is a very important facet of the criminal law in the country because it lays the foundation on which police officers are empowered to search, investigate and arrest people whom they perceive to be offenders. Therefore, probable cause support claims that are made against a suspect where lack of material evidence in the probable cause results to the court dismissing the purported crimes.
We will write a custom Essay on Warrants and Probable Cause Value specifically for you
301 certified writers online
Probable cause takes two forms; first, police can partially detain a person whom they suspect to be perpetuating a crime, or is scheming on how to commit a crime. This kind of probable cause is referred to as “Terry Stop”. Secondly, if the police suspect that someone is armed, they can frisk him or her to discern whether they pose any threat to the tranquility of the society.
In case someone is suspected of a certain crime, probable cause depends on two factors to evaluate the next course of action. These factors are the reasonable person basis or the reasonable police officer basis. The argument that justifies this preposition is that a person in the same situation could be convinced beyond any reasonable doubt that the person in question is suspected of committing a crime or is about to commit a crime.
In the US, the Supreme Court made a verdict that empowered the law enforcement agents to stop a person. Conduct a search or hold hostage should they have a reasonable reason to believe that the person in question is armed or is in the process of planning a crime. Such measures of probable cause have allowed the law enforcement agents to carefully scrutinize the people they suspect may jeopardize the tranquility of the society.
Major areas of probable cause
Probable cause stretches it arms even in schools in which it has precedence for law enforcement agents to search a student if they have reasonably high conviction that the student has committed an offence, or has the capacity to commit an offence that may adversely affect the peace of the learning environment. In such a case, probable cause sets pace for intrusive searches to be carried out. Such searches may include body search if this is deemed necessary.
Unacceptable behavior which leads to general misconduct and gross violation of other people’s rights take place often in workplaces and other social places. It is evident that misconducts of all types take place in the workplace in which majority of the administrative supervisors cajole their junior staff, but these offences go unreported as there is no criminal evidence that can consolidate the assertion.
The majority of these cases even if they are reported cannot be sustained in a court of law due to little or no evidence at all. Therefore, reasonable suspicion that such allegations are probably happening calls for a search that will demystify the truth. This depicts a case of probable cause.
The border points of any state are always on high security alert mode in which everyone is searched through regardless of your nationality. If any person going through a border point is suspected with reasonable conviction that he or she pose a particular threat, then a more intense search is done in which the officers seek to identify material evidence that would support their suspicion.