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Digg it UP - Probable Cause Under the Fourth Amendment
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Probable Cause is the minimum amount of proof the police must already have in order to obtain a warrant to conduct a search for more proof. This means that probable cause is not at the same level needed for a jury to convict a defendant, but sufficient to justify either obtaining a warrant from a judge or for the police to conduct an on the scene search.
The Fourth Amendment of the United States Constitution states:
“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
All this leads to the question, “what is a reasonable search or seizure?” A common misconception is that the police must have a warrant to conduct a search. This is not always true. If an officer on the scene observes something that gives probably cause that a crime is being committed, he or she may conduct an on the scene investigation.<
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The Fourth Amendment of the United States Constitution states:
“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
All this leads to the question, “what is a reasonable search or seizure?” A common misconception is that the police must have a warrant to conduct a search. This is not always true. If an officer on the scene observes something that gives probably cause that a crime is being committed, he or she may conduct an on the scene investigation.
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“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
All this leads to the question, “what is a reasonable search or seizure?” A common misconception is that the police must have a warrant to conduct a search. This is not always true. If an officer on the scene observes something that gives probably cause that a crime is being committed, he or she may conduct an on the scene investigation.
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All this leads to the question, “what is a reasonable search or seizure?” A common misconception is that the police must have a warrant to conduct a search. This is not always true. If an officer on the scene observes something that gives probably cause that a crime is being committed, he or she may conduct an on the scene investigation.
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For example, if a police officer pulls a car over and smells marijuana through the driver’s window, he or she has probable cause to believe that illegal substances may be in that car. If the officer observes a clear plastic bag protruding from under the car seat, containing what appears to be a green leafy substance, he or she also has probable cause.
On the other hand, if the police receive a complaint from a neighbor that sounds of a struggle, followed by a thud sound came from the apartment above, the police will have to seek a warrant from a judge before conducting a search.
One very interesting case that makes this line between an officer’s powers to search on the scene and the requirement to obtain a warrant is found in the 1948 Supreme Court case, Johnson v. United States. The police, upon receiving a complaint of the smell of opium in the hallway of a hotel, determined that the smell was coming from the hotel room belonging
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