Author Question: What is the standard legal definition of probable cause? Discuss each component of the definition ... (Read 72 times)

ahriuashd · **on:** Aug 16, 2018

What is the standard legal definition of probable cause? Discuss each component of the definition and provide an example of each.

What will be an ideal response?

Question 2

Explain the advantages/disadvantages of arrest with a warrant as opposed to arrest without a warrant.

What will be an ideal response?

Jbrasil · **Reply #1 on:** Aug 16, 2018

Answer to Question 1

The legal definition of probable cause is more than bare suspicion. It exists when
the facts and circumstances within the officers' knowledge and of which they had
reasonably trustworthy information are sufficient in themselves to warrant a man of
reasonable caution in the belief that an offense has been or is being committed..
Facts and circumstances leading to an arrest or seizure must be sufficient to
persuade a reasonable person that an illegal act has been or is being committed. A
man of reasonable caution refers to an average man or woman on the street.

Answer to Question 2

An arrest with a warrant has the advantage that a magistrate has determined
probable cause. A disadvantage is that it takes time. An arrest without a warrant
has the advantage that the officer can make an arrest immediately. A disadvantage
is that the officer has determined probable cause, which may be overruled by the
court.