NCJ Number
5021
Journal
FBI Law Enforcement Bulletin Volume: 40 Issue: 5 Dated: (MAY 1971) Pages: 11-13 & 27
Date Published
1971
Length
4 pages
Annotation
THE EVOLUTION OF THE SUPREME COURT STANDARD WHICH GOVERNS THE ISSUANCE OF WARRANTS FOR ARRESTS AND SEARCHES.
Abstract
A LAW ENFORCEMENT OFFICER MUST HAVE PROBABLE CAUSE TO JUSTIFY HIS ARRESTS AND SEARCHES OF PLACES AND PERSONS. DURING THE LATE 1800'S THE SUPREME COURT ELEVATED THE PROBABLE CAUSE REQUIREMENT FROM SUSPICION THAT A CRIME HAS BEEN COMMITTED TO BELIEF THAT A CRIME HAS BEEN COMMITTED. THE RATIONALE FOR THIS DECISION AND LATER CASES BASED ON IT IS CRITICIZED. IT IS SUGGESTED THAT THE SUPREME COURT MISCONSTRUED SEVERAL EARLY AMERICAN CASES ON FOURTH AMENDMENT LIMITATIONS. BRITISH LAW ON WARRANT REQUIREMENTS, WHICH IS BASED ON THE SUSPICION STANDARD, IS EXPLORED TO DEMONSTRATE THE WORKABILITY OF A LESS STRINGENT PROBABLE CAUSE REQUIREMENT.