![]() ![]() The higher up you go on the staircase, the more facts you have. Each of these higher steps is supported by facts. If you go a step higher, then you find sufficient facts to justify what we call, reasonable suspicion. Tere are no facts here - that’s mere suspicion or hunch. And, at the very bottom of the stairs is sort of the base of the staircase. Solari: Okay, well I’ve seen it sort of depicted visually a lot of different ways, and the way I kind of like is to consider a staircase. Now, help me visualize these levels of proof and where probable cause might lay. Miller: The courts refer to various levels of proof ranging from no proof at all, like a mere hunch up to proof beyond a reasonable doubt, which is the level of proof necessary to convict someone of a crime. The Supreme Court said probable cause is a flexible common sense standard. Miller: Sounds like it’s pretty flexible. ![]() It’s information that will lead a reasonable person to believe that a crime’s been committed and the suspect probably committed it. Solari: That’s the same quantum of proof, but it’s phrased a little bit differently. Miller: Okay what about probable cause to arrest? ![]() Solari: Probable cause to search means a government agent has information that will lead a person of reasonable caution to believe that a search of a particular place will turn up specific evidence of a crime. Jenna, what is probable cause to search mean? We said that a government intrusion into a place where one has a reasonable expectation of privacy triggers the 4th Amendment to the Constitution and once triggered that search, well it must be reasonable, and to be reasonable the courts generally require probable cause supporting a warrant. We’re continuing our journey through the 4th Amendment to the Constitution of the United States. Miller: This is Tim Miller and Jennifer Solari. ![]()
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