Essay On Probable Cause Hearing

What is a probable cause hearing? A probable cause hearing is a type of preliminary hearing where the judge decides if there was probable cause for arrest (Worrall, 2017). The Fourth Amendment requires the court to verify probable cause either before or soon after the suspect has been taken into custody. However, a probable cause hearing is not always required for every arrest. Understanding probable cause is very important to in order to understand the purpose of a probable cause hearing. This paper seeks to examine the purpose and process of the probable cause hearing.
Probable cause is what determines if there is sufficient reason based on known facts that a crime has been committed (Worrall, 2017). For example, in the case of Virginia v. Moore (2008), the respondent Moore was stopped by Virginia Police for driving

If an arrest is made due to a warrant being issued then a probable cause hearing is not required because it is considered unnecessary (Worrall, 2017). The purpose of the probable cause hearing is to determine if there is probable cause to keep the individual apprehended. Consequently, the decision in landmark case Gerstein v. Pugh (420 U.S. 103 [1975]) challenged the preliminary hearing system in Florida (Worrall, 2017). Preliminary hearings in Florida at that time were not required until 30 days after the arrest had taken place. At such time the probable cause was determined during the preliminary hearing. The court held that long-lasting detentions required the judicial determination of probable cause early on and should be held without delay following the arrest (Worrall, 2017). It was not clearly stated how soon after the arrest until Riverside County v. McLaughlin (500 U.S. 44 [1991]). The court held that a hearing that takes place within 48 hours of the arrest conforms to the Fourth Amendment requirements (Worrall,