A MAN OF REASONABLE CAUTION IN LAW

      What is probable cause? What are the three ways whereby probable cause is established? How does one differ from the other? What do you need probable cause to do in law enforcement? WHO IS A MAN OF REASONABLE CAUTION IN LAW?

Sample Solution

   

Probable cause is a legal standard used by law enforcement to justify an arrest, search, or seizure. It is defined as a reasonable belief that a crime has been committed or is about to be committed.

There are three ways to establish probable cause:

  1. Direct evidence: This is evidence that directly proves the existence of a crime, such as a witness who saw the crime being committed.
  2. Circumstantial evidence: This is evidence that indirectly proves the existence of a crime, such as a person's fingerprints being found at the scene of a crime

Full Answer Section

   
  1. Reasonable suspicion: This is a lower standard of proof than probable cause and is used to justify a stop and frisk. It is defined as a reasonable belief that a person is about to commit a crime or has committed a crime in the past.
The difference between probable cause and reasonable suspicion is that probable cause requires a higher level of certainty. In order to establish probable cause, the law enforcement officer must have a reasonable belief that a crime has been committed or is about to be committed. In order to establish reasonable suspicion, the law enforcement officer must have a reasonable belief that a person is about to commit a crime or has committed a crime in the past. Probable cause is necessary for law enforcement to do the following:
  • Make an arrest
  • Conduct a search
  • Seize evidence
  • Interrogate a suspect
  • Obtain a warrant
A man of reasonable caution in law is a person who is aware of the risks and dangers associated with a particular situation and takes reasonable steps to avoid those risks. In the context of probable cause, a man of reasonable caution is a person who would believe that a crime has been committed or is about to be committed based on the facts and circumstances known to the law enforcement officer. For example, if a law enforcement officer sees a person running away from a bank with a gun in their hand, the officer would have probable cause to believe that the person has committed a crime. The officer would also have probable cause to search the person for the gun. However, if a law enforcement officer sees a person walking down the street who looks suspicious, the officer would not have probable cause to stop and frisk the person. The officer would need more evidence, such as the person matching the description of a suspect, to establish reasonable suspicion. The standard of probable cause is a subjective one, meaning that it is up to the individual law enforcement officer to decide whether or not they have probable cause. However, the courts have set out some guidelines that law enforcement officers must follow in order to establish probable cause. For example, the courts have held that law enforcement officers cannot rely on stereotypes or hunches when making a determination of probable cause. The standard of probable cause is an important safeguard against unreasonable searches and seizures. It ensures that law enforcement officers cannot arbitrarily arrest, search, or seize people.  

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