Probable Cause – Criminal Procedure Essay

October 8, 2017 General Studies

In order for an officer to seek a individual they must hold some kind of ground for making so. This ground is besides known as likely cause. The officer must hold some kind of feeling that the person that they want to seek may be transporting something that could do injury to that individual or to the officer making the hunt. It could be that the officer is looking for drugs in a high drug trafficking country. or they may be looking for person that has committed a offense within the country. and if they see person that fits the description of that suspect so the officer has every right to seek that individual.

Condemnable Procedure

Harmonizing to the Supreme Court. cardinal rights in condemnable process include freedom from unreasonable hunts and ictuss. freedom from cruel and unusual penalty. aid of advocate. protection against self-incrimination. confrontation of opposing informants. a rapid test. compulsory procedure for obtaining informants. a jury test for prosecutions for instances in which the suspect could be incarcerated. and protection against dual hazard. The lone protections non specifically required of provinces are the Eighth Amendment prohibition against inordinate bond and the Fifth Amendment demand that ill-famed offenses be prosecuted by expansive jury.

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An Exception to Justify Requirements

One of the exclusions that are good known when it comes to holding to hold a warrant is called the “good faith” exclusion. In other words. if an officer has every ground to believe that a hunt must be concluded before a warrant can be issued. due to the fact that grounds may be destroyed or a suspect may run and non be found. hence making more havoc wherever they go.

Decision

As we can see. when it comes to seeking a individual it is really of import that an officer follow the codification of the jurisprudence so that they do non acquire into any problem for non following the proper condemnable process.

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