Define a Lawful Arrest
Under the provisions of the United States Constitution, a suspect may be lawfully arrested only if the police have probable cause to believe that he has committed or is about to commit a crime.
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Fourth Amendment
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The legal requirement of probable cause is derived from the Fourth Amendment to the United States Constitution that prohibits unreasonable searches and seizures.
Probable cause standard
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Probable cause does not require absolute certainty on the part of the police that a crime has been committed. Evidence from which a reasonable person could conclude that a suspect has committed a crime can be considered probable cause.
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Supreme Court Case
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In the 1983 case of Illinois v. Gates, the United States Supreme Court held that a "substantial chance" or "fair probability" that criminal activity has occurred is sufficient to constitute probable cause for a suspect's arrest.
Significance
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Probable cause may still exist, even if there is some doubt as to the suspect's connection or involvement in the commission of a crime.
Considerations
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The amount of evidence required for a finding of probable cause will depend on the facts of each particular case. For example, a police officer who detains an individual for a minor and routine traffic violation would not have the right to conduct a full blown search of that motorist's vehicle.
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