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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. If the driver fails a roadside breathalyzer test, this is also probable cause.
What are the 4 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 declaration statement of probable cause?
A PCD is a statement of facts establishing probable cause for the arrest. The form is completed by the Arresting Officer (AO) and submitted along with the Booking Intake/Personal Property Inventory (J-15 form) for acceptance of the individual into Sheriffs custody.
What doesnt count as probable cause?
Key Points to Understand About Probable Cause This belief must be grounded in facts, observations, or information rather than just a vague hunch. Based on Facts: The belief must be based on factual evidence or circumstances observed by the officers. It cant be based solely on an officers subjective opinion.
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probable cause | Wex | US Law | LII / Legal Information Institute
Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant.
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