PROBABLE CAUSE, WARRANTS, AND JUDICIAL INNOVATION (FROM CRIMINAL JUSTICE AS A SYSTEM - READINGS, 1975 BY ALAN R COFFEY AND VERNON E RENNER - SEE NCJ-29171)

• NCJ Number: 29177
• Author(s): E BURKE
• Date Published: 1975
• Length: 16 pages
• Corporate Author: Prentice Hall
• Publication Format: Document
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

THE ORIGIN OF AMERICAN LAWS CONCERNING ARREST AND SEARCH AND SEIZURE IS DISCUSSED AS ARE THE ARREST LAWS AS THEY EXIST TODAY AND EVOLUTIONARY STEPS AFFECTING THEM TAKEN BY THE COURTS.

Abstract

OUR ARREST LAWS DERIVE FROM OUR BRITISH ORIGINS, BUT BRITISH APPLICATION OF ARREST AND SEARCH AND SEIZURE LAWS HELPED GENERATE THE WAR FOR INDEPENDENCE. THE AUTHOR LISTS SEVEN RULES OF ARREST WITHOUT WARRANT AND DISCUSSES THE DEFINITION OF PROBABLE CAUSE AND REASONABLE GROUNDS NECESSARY TO EXERCISE A LAWFUL ARREST. AS A RULE OF THUMB AN OFFICER SHOULD ASK HIMSELF, 'WHAT WOULD A REASONABLE ORDINARY CITIZEN DO UNDER SIMILAR CIRCUMSTANCES?' (AUTHOR ABSTRACT)