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Romans 10:13
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Discussion Starter · #1 ·
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?
 

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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).
 

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Romans 10:13
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4,652 Posts
Discussion Starter · #5 ·
Malum Prohibitum said:
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).
Thanks MP. I still learning alot about all this. Hope you don't mind the bother.
 
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