Probable_Cause_Article

Probable Cause Article CJA/364 Criminal Procedure Kameron Smith May 7, 2013 Probable Cause Article When the police stop someone for any reason the probable cause must be present at the time of the incident. Rules must be followed by the police officer or disciplinary actions can be taken. A good example of the fourth amendment taking effect on cases in order to protect the citizen rights is the case of Lance DUI case. This case is really good because it provides a really good look at what mistakes should not be taken when conducting a lawful search and seizure. It also analyze the requirements to conduct an arrest and search, seizure of an individual. In order to be able to arrest and search someone there is the need of a warrants and probable cause. In the case of Lance the probable cause effect was not present. Lance was stop by the police officer earlier in the morning of New Year’s Day. Bruno the officer stopped Lance after noticing that on a green light lance didn’t responded like the other driver on moving forward as the green light turn. A few police techniques were done like flashing the driver in this case Lance but it really didn’t do much effect. Later a block and a half ahead Lance was stop by the officer. After pulling him over a investigation was done and the report indicated that Lance failed his breathalyzer and field sobriety test. The case escalated to the court and before a judge where both side argumentative their stories. Once the judge heard both parties it came to the conclusion that the case had to be dropped because he did not believe Officer Bruno had probable cause to stop Lance. The conclusion was made because according to the Fourth amendment law enforcement cannot retrieve a search or arrest warrant based on their belief or suspicion. The lawful way to do that is under an application for the warrant which must be supported by a sworn. Probable cause must be a factor and the facts must provide a reasonably trustworthy basis that a crime has been committed or about to happen. In the case of Lance the fourth amendment was violated because under the Fourth Amendment there was no probable cause to detain Lance. In the case of the police officer Bruno he did a mistake if the environment would have been different he could have all the rights to arrest and search Lance for example the probable cause has exceptions if the police officer would have seen a bottle of liquor open inside the vehicle then he would have had all the right to make the stop. This is a good example to the law enforcement agencies to conduct their training on how to perform the right actions. References Meagher, C. (2011). Judge throws out lance DUI case. Retrieved from http://www.independent.com/news/2011/nov/16/judge-throws-out-lance-dui-case/