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Week 2-Forum 1

Week 2-Forum 1

Q The Fourth Amendment sets limitations to stop and frisk and arrests. It also affords individuals to be protected against unreasonable searches and seizures. This forum asks you to examine probable cause and illegal searches and seizures. Please thoroughly discuss each of the following: A police officer must have probable cause to arrest an individual. What is probable cause? How much probable cause is needed to secure an arrest or search warrant? What is the exclusionary rule? Discuss the exceptions to the exclusionary rule. Discuss the difference in a stop and frisk and an arrest. What are the requirements for an officer to conduct a “stop and frisk”?

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Probable cause is simply a legal necessity under the Fourth Amendment should be normally accomplished even before police officers would an arrest or would conduct a research or receive a warrant. Court of law normally do find probable cause when there lies a justified basis especially in believing that a crime has likely been committed or when any scale of proof behind a crime committed is present at the place that would be searched further (Clancy, 1994). Usually a probable cause is being established through factual evidences, but not haunches. Furthermore, there does not exist any proper standard of amount for probable cause, it just simply means to be flexible because there does not exist any two similar crimes.