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Principles of Criminal Law Essay

  • Submitted by: kuva2222
  • on August 21, 2015
  • Category: History
  • Length: 512 words

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Below is an essay on "Principles of Criminal Law" from Anti Essays, your source for research papers, essays, and term paper examples.

HOW PROBABLE CAUSE IS ESTABLISHED
Probable cause can be established in three ways:
■ Through an officer’s own knowledge of particular facts and circumstances
■ Through information given by a reliable third person (an informant)
■ Through information plus corroboration
All three means rely upon the officer to establish probable cause. If the officer seeks
the issuance of an arrest or a search and seizure warrant from a magistrate or judge,
probable cause is established through an affidavit (although some states allow what is
in writing to be supplemented by oral testimony). If the officer acts without a warrant,
probable cause is established by oral testimony in court during the trial. It is therefore
important for the officer to be able to state clearly, whether in an affidavit or in court
later, why he or she felt that probable cause was present. In some cases, in addition
to the evidence contained in the affidavit, the police officer presents oral evidence to
the judge. Courts are divided on whether such oral evidence should be considered in
determining probable cause; some courts consider it, whereas others do not.
In one case, the Court ruled that a suspect’s reputation for criminal activity may
be considered by the magistrate issuing the warrant when determining probable cause
(United States v. Harris, 403 U.S. 573 [1971]). In that case, the officer’s affidavit
submitted to the magistrate to support a request for a search warrant stated that the
suspect “had a reputation with me for over four years as being a trafficker of nontax-
paid distilled spirits, and over this period I have received numerous information
from all types of persons as to his activities.” The affidavit further stated that another
officer had located illicit whiskey in an abandoned house under the suspect’s control
and that an informant had purchased illegal whiskey from the suspect. Although a
suspect’s reputation for criminal activity can never by itself be...

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MLA Citation

"Principles of Criminal Law". Anti Essays. 18 Dec. 2018

<http://parimatch-stavka7.com/free-essays/Principles-Of-Criminal-Law-762716.html>

APA Citation

Principles of Criminal Law. Anti Essays. Retrieved December 18, 2018, from the World Wide Web: http://parimatch-stavka7.com/free-essays/Principles-Of-Criminal-Law-762716.html


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