Probable cause and arrest by private citizens essay

Even hearsay can supply probable cause if it is from a reliable source or supported by other evidence, according to the Aguilar—Spinelli test. United Statesthe U. This is the idea that someone has the right to defend their "castle" or home from unwanted "attacks" or intrusion. In the s, this saying started to apply legally to landowners to protect them from casual searches from government officials.

Probable cause and arrest by private citizens essay

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Their numbers have grown exponentially over the past century and now stand at hundreds of thousands nationwide. Yet the dissident English colonists who framed the United States Constitution would have seen this modern 'police state' as alien to their foremost principles.

Probable cause and arrest by private citizens essay

Under the criminal justice model known to the Framers, professional police officers were unknown. At the time of the Constitution 's ratification, the office of sheriff was an appointed position, and constables were either elected or drafted from the community to serve without pay.

The courts of that period were venues for private litigation — whether civil or criminal — and the state was rarely a party. Professional police as we know them today originated in American cities during the second quarter of the nineteenth century, when municipal governments drafted citizens to maintain order.

The modern police-driven model of law enforcement helps sustain a playing field that is fundamentally uneven for different players upon it. Modern police act as an army of assistants for state prosecutors and gather evidence solely with an eye toward the state's interests.

Police seal off crime scenes from the purview of defense investigators, act as witnesses of convenience for the state in courts of law, and instigate a substantial amount of criminal activity under the guise of crime fighting.

Additionally, police enforce social class norms and act as tools of empowerment for favored interest groups to the disadvantage of others. They conducted their investigations in the manner of neighborhood sleuths, dispersing throughout the community to question people about their knowledge of crimes.

In the early s, grand jurors were sometimes called upon to make arrests in cases where suspects were armed and in large numbers.

And when called upon to enforce the laws of the state, citizens were to respond "not faintly and with lagging steps, but honestly and bravely and with whatever implements and facilities [were] convenient and at hand.Find a recent news article on the Internet that concerns probable cause and criminal procedure.

Probable cause and arrest by private citizens essay

Write a word summary of the article in which you analyze the requirements for search and arrest warrants and how they relate to probable cause.

The constitutional model of law enforcement (investigation by a citizen grand jury, arrest by private individuals, constables or citizens watch, and private prosecution) became seen as inefficient and ineffective as America entered its industrial age.

Yet the grand jury in its natural and unhobbled state is more, rather than less, able to. Since its decision more than thirty years ago in Illinois v. Gates, the Supreme Court has emphasized that the Fourth Amendment's suspicion requirements—the probable cause required to arrest and search, the reasonable suspicion needed to stop and frisk—are totality‐of‐the‐circumstances tests.

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Gates overturned Supreme Court precedent that had held for nearly two decades that a tip did. In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant.

In Tennessee, it has been held that a private citizen has the right to arrest when a felony has been committed and he has reasonable cause to believe that the person arrested committed it.

Reasonable grounds will justify the arrest, whether the facts turn out to be sufficient or not. The legal standard to a probable cause arrest is when an officer finds evidence during a valid stop and frisk search that confirms the reasonable suspicion of an officer that a crime has been or is being committed and would lead to the arrest of and offender.

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