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  • Argument as to why We as US Citizens Need Better Clarification of the Probable Cause Definition Surrounding Search and Seizure Laws

     

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ID number:415746
Evaluation:
Published: 02.05.2003.
Language: English
Level: Secondary school
Literature: n/a
References: Not used
Extract

How would you like to return home from a five day hunting trip (it is late because you just spent the last six hours driving to get home) you unload your car, then decide to go to your local watering hole so you can brag about your big kill. After a few drinks and a big brag session you return home only to find five or six police cars parked in front of your home, with all of the police officers inside searching for "whatever" they can find.
Their probable cause for searching my apartment was based on a Supreme Court case that established a two prong test to help in the understanding and determination of what is and what is not probable cause (Aguilar v. Texas, and Spanelli v. United States). Because there had been a robbery in the next town approximately three hours prior to me being seen by my neighbor carrying my shotgun in the police sought and obtained a search warrant targeting any and all firearms on my premises.

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