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Constitution Law, Reasonable Suspicion V Probable Cause

In: Other Topics

Submitted By KFortin
Words 1507
Pages 7
Kristen Fortin
Kaplan University

CJ:140 Introduction to Constitutional Law
Professor Robert Winters
February 22, 2014

Abstract: Pertaining to the differences between probable cause and reasonable suspicion within law enforcement can determine the difference between a legal search and seizure and police officers obtaining evidence in an illegal manner. Officers need to handle each situation when probable cause and reasonable suspicion is involved. Determining what is reasonable and what is not takes great skill, perseverance, comprehension of the law, and an innate intuitiveness on the part of the officer. The Fourth Amendment clearly defines the exceptions to the warrant requirement. There are several exceptions pertaining to a legal, valid search and seizure without a warrant. Officers must possess the specific, lawful knowledge pertaining to such events, and do so without violating any one’s constitutional rights. Within this essay I will define and discus the differences between probable cause and reasonable suspicion, as well what constitutes reasonableness. Also, I will discus four of the Fourth Amendment’s exceptions to the warrant requirement with several examples.

Probable Cause: The Fourth Amendment guards the peoples right from unreasonable search and seizures, and stipulates that “no warrant shall issue, but upon probable cause.” (Bill of Rights; The Fourth Amendment, 1791). Probable Cause can be defined as obvious factual evidence obtained by the means of a logical inquiry by a law enforcement agent that would lead them to believe a detained person(s) has committed an illegal action, thus necessitating to his or her conviction. Probable cause is a constitutional obligation that warrants, both search and arrest, be determined upon the…...

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