CRJ325 - WEEK 2 - DISCUSSION 2

"Establishing Probable Cause"

Go to the Legal Update Online Website, located at http://www.legalupdateonline.com/4th/131, and research the latest case law concerning probable cause and law enforcement officials. In your own words, discuss the possible changes you see coming in this area as it relates to the Bill of Rights. Provide a rationale for your response.

Example

U.S. vs Black

This case is based as an appeals case and relates to the latest laws being utilized that relates to probable cause and was held in the Fourth Circuit Court of Appeals situated in Richmond. The inexplicable right to establish probable cause is significantly a challenge to judge or gauge a situation correctly. In relation to this scenario the viewing of race is predominantly a noticeable challenge when using suspicion as a prevalent motive to decide that probable cause is equitable and transferable. Racial profiling was the active component used to make a determination to follow, pursue and assume incorrectness was afoot.

Proceeding to call for back-up and confronting with no claim or observable confirmation the primary thought was drug activity based upon race because he sat at the gas station for three minutes.

But after interacting and confirming authentic right to carry gun and too personal discourse ensued, personal thought and assumption prevailed and an illegal search and pat down proceeded. Without suspicion or probable cause there was no right to invade or conquer space of citizens standing and talking in a group. Based on the protective statute the Fourth Amendment allows and restricts the ability to harass, hinder or intimidate or unlawfully search based on demographics, race or positioning of individual in area not usually known.

Therefore, the correct presentation is always work upon the theory of probable cause and not bias, discrimination, or color or race orientation. Consequently, the exclusionary rule prevails and the evidence of carrying a weapon without license is a void, mute charge without right based on consensus of right policy to follow.

Compare and contrast the concepts of probable cause and reasonable suspicion. In your own words, determine the relationship between the two (2) concepts as they relate to search and seizure.

Probable cause is the notation of following an act based on theory of following a claim or act of criminality is effectively ensued. Whereas reasonable suspicion is based upon confirmation that criminal activity is occurring with the individual as an internal part of the crime.

In regard to both probable cause and reasonable suspicion both are actively based upon the possibility that a crime has been done, evidential find must be correctly done based on rules of procedure with regard to Amendments of the Bill of Rights.

But reasonable suspicion is considered less than probable cause but must be based upon facts and connected with an individual but overall it is grounded in rational logic, gauging a situation and determination.

In play both acts as controls in the right to search and seize and as such procedures have to changed and adjusted to accommodate acts of fairness and legitimacy. As based, correctness is prevailed upon correct acts of thought and reading the act, the play and acting according within the bounds of the law.

Thank you.

Felicia

REPLY TO CO-STUDENT

Based on the tip the stakeout is appropriate as well as verification for warrant, raid, seizure and arrest of all participants found inside.

Also, I agree with the restrictions on reasonable suspicion and probable cause and its prevalent changes that are needed to adjust to new scenarios. Also, it was a great read.

Thank you.

Felicia