Sample Criminal Justice Paper on Probable cause

Probable cause

It is important for the public and police to have an understanding of probable cause because it is the best way in which individual privacy can be protected during an operation. The Fourth Amendment prevents the police from conducting unreasonable seizures and searches on an individual without a warrant (Robertiell 291). In the case whereby a probable cause has been found for arrest, the police have to swear an oath before the warrant is issued. That is, there must be a valid probable cause that triggers the police to intervene in searching for a warrant to arrest or search the property of an individual. However, a person cannot be charged for any crime because there is a strong relation of their arrest to the crime conducted (Robertiell 293). Therefore, the police have no authority to arrest an individual on the basis of a probable cause for a crime, which is a mere speculation. Though the police play the role of arresting people, it is important for them to understand the complexity of the law since it is the best possible way of identifying a behavior which is illegal. When the police engage in an arrest without knowing the probable cause, it is likely that they abuse their power in the country.

It is crucial that an officer’s state of mind be taken into consideration during an arrest to establish the probable cause, which makes it easy to identify the motive toward the arrest (Robertiell 291-292). The evaluation should only matter to the criminal justice system and not the individual being arrested, as long as the police fulfilled their duty in the right way. This is because the criminal justice system can deal with the police in case they identified that their motive for an arrest was based on self-interests. The Fourth Amendment, therefore, requires that the judicial system, particularly the judges, have a proper oversight over all the operations of the police officers (Robertiell 291). In this regard, it is easy to identify if the police arrested an individual out of a probable cause as outlined by the law enforcement.

 

 

Work Cited

Robertiell, Gina. The Use and Abuse of Police Power in America: Historical Milestones and Current Controversies. ABC-CLIO, 2017