The Case Of Brinegar V. United States - 890 Words

1.Probable cause is a set of facts surrounding a specific circumstances that leads a â€Å"reasonable person† to believe an individual is committing, has committed or is about to commit a crime. Probable cause is required in the instances of an arrest, search and seizure and the issuance of a warrant. To ESTABILISH reasonable cause the officer can use any trustworthy information. For example the office could use his/her experience, informant information, first hand observations or knowledge, victim reports, anonymous tips, or hearsay. In the case of Brinegar v. United States, the petitioner claimed that the arresting officer violated his 4th amendment rights and illegally search his car. In the search and siezure the officer found that the petitioner was transporting intoxicating liquor into Oaklahoma, which is a direct violation of law. The courts found that the arresting office had arrested the petitioner on the same violation several months earlier and this was enough reasonable cause to conduct the search ans seizure. Reasonable suspicion is different from probable cause as reasonable suspicion allows an officer to temporarily detain a person if the officer suspects the person of committing a crime, previously committed a crime, or is about to commit a crime. This will allow the officer the time to conduct an investigation that may allow him/her to find the facts that are required to arrest per probable cause. Therefore, reasonable suspicion is thought of to be a hunchShow MoreRelatedCriminal Procedure And Evidence. Essay1292 Words   |  6 Pagesreasonable person would belief to be true. The officer must belief that contraband would be found by the search or the individual has committed a crime. There should be sufficient reasons to belief that a search or an arrest is necessary. In Brinegar v United States (1949), the court stated that although the police are not required to be factually correct before undertaking a search without a warrant, such a search must be reasonable. The court defined probable cause as existing where the circumstanceRead MoreNsa s Surveillance Program : A Violation Of The 4th Amendment1585 Words   |  7 Pagesunknown. One of the most controversial government programs that Snowden disclosed was how the National Security Agency (NSA) collected virtually every phone record for calls made in the United States between US citizens. It makes sense to monitor phone calls to or from callers located outside the United States, because non-US citizens don t have the protection of the US Constitution and monitoring these calls also might be helpful in identifying foreigners who might be plotting terrorist attacksRead Morevirginia v morre Essay1248 Words   |  5 PagesVirginia v. Moore 272 Va. 717 Facts: The day was February 20,2003, in the city of Portsmouth where two Portsmouth police officers had pulled a vehicle over who was driven by David Lee Moore. While listening to police radio they had heard that the man they pulled over who went by the nickname â€Å"chubs† was driving on a suspended license. The officer’s soon determined that chubbs was indeed driving on a suspended license. The officers who made the stop arrested chubbs for the misdemeanor of drivingRead MoreThe Fourth Amendment And The Violation Of Power By The British Crown And Its Officers1826 Words   |  8 Pagesof the colonist’s privacy along with other abuses were the impetuses that lead to the American Revolution. After winning independence, the United States Constitution and the Bill of Rights emerged. Later the ratification of the Fourth Amendment made general warrants and the likes illegal. The Fourth Amendment to the United States Constitution states, â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be