Probable Cause Article
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Probable Cause Article
CJA/364 Criminal Procedure
Kameron Smith
May 7, 2013
Probable Cause Article
When the police stop someone for any reason the probable cause must be present at the time of the incident. Rules must be followed by the police officer or disciplinary actions can be taken. A good example of the fourth amendment taking effect on cases in order to protect the citizen rights is the case of Lance DUI case. This case is really good because it provides a really good look at what mistakes should not be taken when conducting a lawful search and seizure. It also analyze the requirements to conduct an arrest and search, seizure of an individual. In order to be able to arrest and search someone there is the need of a warrants and probable cause. In the case of Lance the probable cause effect was not present.
Lance was stop by the police officer earlier in the morning of New Year’s Day. Bruno the officer stopped Lance after noticing that on a green light lance didn’t responded like the other driver on moving forward as the green light turn. A few police techniques were done like flashing the driver in this case Lance but it really didn’t do much effect. Later a block and a half ahead Lance was stop by the officer.
After pulling him over a investigation was done and the report indicated that Lance failed his breathalyzer and field sobriety test. The case escalated to the court and before a judge where both side argumentative their stories. Once the judge heard both parties it came to the conclusion that the case had to be dropped because he did not believe Officer Bruno had probable cause to stop Lance. The conclusion was made because according to the Fourth amendment law enforcement cannot retrieve a search or arrest warrant based on their belief or suspicion. The lawful way to do that is under an application for the warrant which must be supported by a sworn. Probable cause must be a factor and the facts must provide a reasonably...
CJA/364 Criminal Procedure
Kameron Smith
May 7, 2013
Probable Cause Article
When the police stop someone for any reason the probable cause must be present at the time of the incident. Rules must be followed by the police officer or disciplinary actions can be taken. A good example of the fourth amendment taking effect on cases in order to protect the citizen rights is the case of Lance DUI case. This case is really good because it provides a really good look at what mistakes should not be taken when conducting a lawful search and seizure. It also analyze the requirements to conduct an arrest and search, seizure of an individual. In order to be able to arrest and search someone there is the need of a warrants and probable cause. In the case of Lance the probable cause effect was not present.
Lance was stop by the police officer earlier in the morning of New Year’s Day. Bruno the officer stopped Lance after noticing that on a green light lance didn’t responded like the other driver on moving forward as the green light turn. A few police techniques were done like flashing the driver in this case Lance but it really didn’t do much effect. Later a block and a half ahead Lance was stop by the officer.
After pulling him over a investigation was done and the report indicated that Lance failed his breathalyzer and field sobriety test. The case escalated to the court and before a judge where both side argumentative their stories. Once the judge heard both parties it came to the conclusion that the case had to be dropped because he did not believe Officer Bruno had probable cause to stop Lance. The conclusion was made because according to the Fourth amendment law enforcement cannot retrieve a search or arrest warrant based on their belief or suspicion. The lawful way to do that is under an application for the warrant which must be supported by a sworn. Probable cause must be a factor and the facts must provide a reasonably...