What is probable cause in criminal procedure?

Probable cause is a legal term used in criminal procedure. It is an idea that helps a judge determine whether or not to issue a warrant for arrest or search. In Oregon, the standard for probable cause is whether or not the facts of the case indicate that the accused has likely committed the crime. The court must assess the totality of circumstances to decide if the accused is more likely than not, to have committed the crime. The police must present the court with enough evidence to conclude that the likelihood of a crime having been committed by the accused is substantial. In other words, with probable cause, the police can get a warrant to apprehend or search an individual. It grants the police the authority to detain and question the suspect, and seize evidence that may be related to the crime. However, even if probable cause is present, it still needs to be weighed against the accused’s constitutional rights. The police must make sure their search or arrest does not violate the Fourth Amendment of the U.S. Constitution, which protects people from unreasonable searches and seizures. In Oregon, the law states that police must have probable cause or a valid warrant before making any arrests or searches. Without it, any evidence or information obtained by the police is generally considered to be obtained illegally.

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What is probable cause in criminal procedure?

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