Probable Cause Criminal Procedure Essay

Published: 2020-04-22 15:25:15
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Category: Criminal law

Type of paper: Essay

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In order for an officer to search a person they must have some sort of reason for doing so. This reason is also known as probable cause. The officer must have some sort of feeling that the individual that they want to search may be carrying something that could cause harm to that person or to the officer doing the search. It could be that the officer is looking for drugs in a high drug trafficking area, or they may be looking for someone that has committed a crime within the area, and if they see someone that fits the description of that suspect then the officer has every right to search that person.

Criminal Procedure

According to the Supreme Court, fundamental rights in criminal procedure include freedom from unreasonable searches and seizures, freedom from cruel and unusual punishment, assistance of counsel, protection against self-incrimination, confrontation of opposing witnesses, a speedy trial, compulsory process for obtaining witnesses, a jury trial for prosecutions for cases in which the defendant could be incarcerated, and protection against double jeopardy. The only protections not specifically required of states are the Eighth Amendment prohibition against excessive bail and the Fifth Amendment requirement that infamous crimes be prosecuted by grand jury.

An Exception to Warrant Requirements

One of the exceptions that are well known when it comes to having to have a warrant is called the good faith exception. In other words, if an officer has every reason to believe that a search must be concluded before a warrant can be issued, due to the fact that evidence may be destroyed or a suspect may run and not be found, therefore creating more havoc wherever they go.


As we can see, when it comes to searching a person it is very important that an officer follow the code of the law so that they do not get into any trouble for not following the proper criminal procedure.

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