probable cause,

2010-05-29 2:17 pm
我想知三者之分別

Probable Cause and Reasonable Suspicion, Reasonable cause

1) Probable Cause
- A reasonable belief that a person has committed or is committing a crime or that a place contains specific item connected with a specific crime.

2) Reasonable Suspicion
- DOES NOT require as many facts as are needed to make an arrest
- Temporary detentions

3) Reasonable cause
- Only use in arrest
- Un-know victim
Have enough evidence that can commit crime, but NO victim

如有例子最好

謝謝

回答 (1)

2010-05-30 9:25 pm
✔ 最佳答案
Those are term under US law, coined specific to deal with US Constitution.

To know what the hell is this, you need to know,under US Constitution, Citizens have their own peace inside their dwelling. It cannot be bothered by any people (LEO alike) without a valid warrant from a court. That is the 4th Amendment.

All 3 items were made to "Bypass" the 4th amendment.

In a Probable Cause, LEO can arrest, search, and seizure any person or item in private residence without a valid warrant. if there is evidence leads to the LEO believe Crime have been or is being committed.

Such cause MUST be used with Phyical Evidence which would otherwise explosed directly to the public. Such evidence like Blood stain, Banished Weaponary, Scream or any physical evidence.Base line is, IT MUST BE PHYSICALLY EXISTED

Reasonable Suspicion is usede to detain a person which an otherwise normal person would deemed Suspicious. Base on a common sense of Suspicious, a LEO can detain (BUT NOT ARREST) an suspicious individual for further question or a brief search (such as Padding)

Reasonable Cause (Can also be called Probable Cause) is an arrest made on Probable Ground when a person was searched or interviewed on ground of Reasonable suspicion. Since the Reasonable Suspicion does not empower LEO to arrest, search nor seizure suspect, Reasonable Cause is used to make arrest when the brief search, detainment leads to a probable cause arrest.

For example

When a Police office walk pass a drug dealer, who was not dealing drugs, but he have a packet of drug hang half way in his pocket (Tho you may not know that is drug), the police can arrest the man on probable cause using the drug packet in plain sight as an edivence.

Same case, without the half hanging drug, but the dealer react suspiciously when the Police officer walk by, the police can call a spot search on the man on ground of Reasonable Suspicious.

When the police found packet of drugs in that man pocket, the officer can arrest the man with reasonable cause

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