Probable cause is in the second clause of the Fourth Amendment which states that no warrant shall be issued except upon probable cause. In earlier American history before the Constitution was in place, the government had virtually unlimited control over the belief of right and wrong and that, any illegal item which they were looking for gave right to impose their will by force. Therefore the framers of the Constitution prescribed the probable cause requirement.
Have you had your right to probable cause violated? Contact a local criminal defense lawyer to review your case.
Below are some relevant topics in the Fourth Amendment with regard to probable cause:
- Place to be searched
- Circumstantial evidence
- Hearsay information
- Particularity requirement
- Seizure of Property
- Mere Evidence
In modern day law, there have been amendments to the interpretation of probable cause. Ultimately, it is still up to a judge to make the determination of what is and is not justified as probable cause. There are frequently debates with the methods that law enforcement uses in obtaining evidence.
Is it legal to determine probable cause by electronic monitoring? Did the authorities use legal means to find their evidence or have they violated the Fourth Amendment?
Have you had your right to probable cause violated? Contact a local criminal defense lawyer to review your case.
Update: JC
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