What exactly is the definition of Probable Cause?

Discussion in 'Off-topic' started by GeorgiaGlocker, Mar 29, 2007.

  1. GeorgiaGlocker

    GeorgiaGlocker Romans 1:16

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    Is it: That I am tried and ready to get home from a 10 hour shift from work? Let us assume I'm kinda slow about getting out of my car because I have just had surgery on my knee and I'm not following a police officer's directions quickly enough. He sees a white substance on my dash that turns out to be a Goody's powder?

    Exactly what is probable cause?
     

  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Wow. There is a whole textbook question for you!
     
  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    In dealing with probable cause, as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act. Probable cause exists where the facts and circumstances within their [the arresting 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.

    Draper v. United States, 358 U.S. 307, 79 S.Ct. 329 (1959).
     
  4. GeorgiaGlocker

    GeorgiaGlocker Romans 1:16

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    Thanks MP. I still learning alot about all this. Hope you don't mind the bother.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Bother?

    Last time I checked, nobody was forced to post here! :D