Probable Cause Circumstantial Evidence

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“An arrest is using legal authority to deprive a person of his or her freedom of movement. An arrest is generally made with an arrest warrant. An arrest may be made without a warrant if probable cause and exigent circumstances are presented at the time of the arrest.” (Cornwell University) An arrest may be due to criminal or civil proceedings. In each case, the person is placed in custody or under restraint usually for the purpose of compelling obedience to the law. If the arrest is during the course of criminal procedure, the purpose is to hold the person for answer to a criminal charge or to prevent them from committing an offense. In civil proceedings, the purpose is to hold the person to a demand made against the individual. In both …show more content…

Observational evidence is what the officer sees, smells, or hears. An officer who observes a suspicious person looking into car windows while carrying a baseball bat late at night would fall into this category. Circumstantial evidence is an accumulation of facts that when viewed together imply that a crime has been committed; it is not direct evidence. An officer may call upon their expertise when gathering evidence. An example would be an officer who can read gang graffiti to conclude that a criminal activity has taken place. Evidence may also be gathered through information, like hearing a call on police radio or receiving a tip from a confidential informant. Some forms of evidence, such as circumstantial, must be supplemented by other types of evidence. However, some sources are strong enough to stand on their …show more content…

The USA Patriot Act of 2001 (Pub. L. No. 107-56, 115 Stat. 272) expanded a number of exceptions to the traditional search warrant requirements. Ordinarily a person subject to a search warrant is entitled to notice that it was issued. The USA Patriot Act allows magistrates to issue what are often referred to as “sneak and peak” warrants that do not require law enforcement to notify the person subject to the search. The act also expanded the abilities of law enforcement to install “roving” wiretaps of telecommunication devices used by individual suspects without naming specific telephone carriers in the warrant. It also allowed officers to search stored e-mail and voicemail

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