The Importance Of Criminal Procedure: Probable Cause

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Criminal Procedure- Probable Cause Probable cause refers to the legal rule by which the police acquire the right of making an arrest or conducting searches and seizures of an individual or property search or obtaining an arrest warrant. Probable cause demands certain evidence or facts, which offer the concerned individual to believe whether or not a suspect has involved in the crime. The article titled “Probable cause affidavit released in Strouse arrest” gives an account of Jackie Harvey’s murder case, which took place at her home at South Chautauqua on 16th September 2015. In this case, the prosecutors have released the affidavit for probable cause, which explains the reasons for arresting Jacob Strouse, who has been charged with the murder…show more content…
It was a mandate for the police to obtain the search warrant through the probable cause as it was not possible to conduct a search or an investigation without a valid probable cause document. Furthermore, in Jackie Harvey’s case, a probable cause was necessary for obtaining evidence as any evidence would not be accepted in the court without a valid probable cause. The level of certainty in this case is reasonable suspicion, due to which the police were able to frisk the suspect. In this case, although the probable cause has been issued by the trial court, the appellate courts have the right to review the decisions. However, the police do not need the probable cause to question the witnesses involved in the crime. It is only after conducting a test of reasonableness that the court issues a probable…show more content…
If an offense has been committed in the presence of an official, there is no necessity of obtaining a probable cause from the court. If an offense is a felony and the officer believes that the suspect has committed the crime, there is no necessity to obtain a probable cause. Furthermore, if an offense is a misdemeanor, such as violence, and the officer believes that the suspect has committed the act, it is not necessary to obtain a probable cause. The best example is that of domestic violence, which applies whether or not an offense has been committed in the presence of an officer. However, each of the exceptions mentioned above rely on the establishment of a reasonable probable cause. It is very important for the officials to determine whether the probable cause is present and adequate for justifying a warrantless
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