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What are the four major sources of probable cause?

There are four categories into which evidence may fall in establishing probable cause. These include observational, circumstantial, expertise, and information: Observational evidence is based on what the officer sees, smells, or hears.

What is a real life example of probable cause?

During a traffic stop, officers will typically look for evidence in plain view as well as assessing the conduct of the driver. If they see drug paraphernalia through the window of the car, then this could amount to probable cause.

How to write a good probable cause statement?

Writing a probable cause affidavit requires clarity and meticulousness. It should include date, time, location of incidents, involved officers, detailed description of the event, references to evidence, and witness statements. The affidavit should also state the degree of offense and relevant penal code.

What is the burden of proof for probable cause?

Regarding the issuance of a warrant for arrest, probable cause is the information sufficient to warrant a prudent persons belief that the wanted individual had committed a crime (for an arrest warrant) or that evidence of a crime or contraband would be found in a search (for a search warrant).

What is an example of probable cause?

The burden of proof for establishing probable cause does not demand absolute certainty or conclusive evidence of criminal activity. Rather, it requires a reasonable basis or suspicion backed by factual evidence that would lead a prudent person to believe that a crime has been, is being, or will be committed.

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