This topic contains a solution. Click here to go to the answer

Author Question: Make a list of facts that officers can take into account in building probable cause. What use can ... (Read 50 times)

WhattoUnderstand

  • Hero Member
  • *****
  • Posts: 517
Make a list of facts that officers can take into account in building probable cause. What use can officers make of hearsay in building probable cause?
 
  What will be an ideal response?

Question 2

Compare the definitions of reasonable suspicion and probable cause. What two interests does probable cause balance?
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

tennis14576

  • Sr. Member
  • ****
  • Posts: 334
Answer to Question 1

Police can use both direct information and hearsay in building probable cause. Direct information is firsthand information known to arresting officers by what they see, hear, feel, taste, or smell. Some examples of direct information would be flight, furtive movements, hiding, attempts to destroy evidence, resisting officers, giving evasive answers, giving contradictory explanations, fingerprints, hair samples, blood samples, and DNA information.

Hearsay is information that officers get second-hand from victims, witnesses, other police officers, or professional informants. To help in the probable cause determination, this hearsay must be reliable. Officers can use hearsay in order to build probable cause.

Answer to Question 2

Probable cause to arrest means that there are enough facts and circumstances to lead police officers, in light of their experience, to reasonably believe that the person arrested has committed, is committing, or is about to commit a crime. Reasonable suspicion only requires that officers, based upon the information that they have seen or that they learn from a relatively trustworthy source, reasonably suspect that a person may, has, or is about to commit a crime.

Probable cause to arrest lies on a continuum between reasonable suspicion on one end and proof beyond a reasonable doubt on the other. Reasonable suspicion is needed to justify a stop, the least intrusive activity, subject to the Fourth Amendment. Probable cause is needed to justify an arrest, which is more intrusive than a stop, as it lasts longer and usually requires a removal from the place stopped. The highest burden of proof is proof beyond a reasonable doubt. This is the proof needed to convict and imprison someone for a crime that can lead to a punishment from some part of a year to life.

The probable cause requirement balances the societal interest in crime control against the individual right of locomotionthe freedom to come and go as one pleases.




WhattoUnderstand

  • Member
  • Posts: 517
Reply 2 on: Aug 13, 2018
Excellent


  • Member
  • Posts:
Reply 3 on: Yesterday
:D TYSM

 

Did you know?

Earwax has antimicrobial properties that reduce the viability of bacteria and fungus in the human ear.

Did you know?

In 1835 it was discovered that a disease of silkworms known as muscardine could be transferred from one silkworm to another, and was caused by a fungus.

Did you know?

The use of salicylates dates back 2,500 years to Hippocrates's recommendation of willow bark (from which a salicylate is derived) as an aid to the pains of childbirth. However, overdosage of salicylates can harm body fluids, electrolytes, the CNS, the GI tract, the ears, the lungs, the blood, the liver, and the kidneys and cause coma or death.

Did you know?

Every 10 seconds, a person in the United States goes to the emergency room complaining of head pain. About 1.2 million visits are for acute migraine attacks.

Did you know?

It is important to read food labels and choose foods with low cholesterol and saturated trans fat. You should limit saturated fat to no higher than 6% of daily calories.

For a complete list of videos, visit our video library