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The minimum requirement for an officer to arrest the passengers of a car along with the drivers:

a) probable cause
b) a warrant
c) reasonable suspicion
d) clear and convincing evidence

1 Answer

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Final answer:

The minimum requirement for an officer to arrest passengers in a car along with the driver is probable cause, which is a lower legal threshold than the standard of proof at trial but still based on factual evidence and reasonable belief of a crime being committed. option (A)

Step-by-step explanation:

The minimum requirement for an officer to arrest the passengers of a car along with the driver is probable cause. Probable cause is a legal standard that requires law enforcement to have factual evidence and a reasonable basis to believe that a crime has been committed or that evidence of a crime will be found. For instance, if the police apprehend individuals they suspect of committing an armed robbery and have evidence that both suspects are guilty of carrying an unlawful weapon, this could provide probable cause for arrest. It is a lower threshold than the standard of proof required at a criminal trial but must still be demonstrated to a judge for a warrant unless exigent circumstances apply.

In cases where officers witness a misdemeanor or suspect a felony without immediate direct evidence, they may still make an arrest without a warrant based on probable cause. For example, Terry v. Ohio established that police may stop a person if they have reasonable suspicion of criminal activity, but for an arrest, probable cause is necessary.

Reasonable suspicion is not sufficient for an arrest; it only allows an officer to detain and briefly investigate someone. Senate Bill 1070 also references reasonable suspicion but is more focused on immigration status checks rather than arrests. Additionally, the Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures without probable cause. A warrant for search or arrest typically necessitates probable cause verified by a judge, except in certain limited circumstances where an exception to the warrant requirement applies.

User Michael Spiss
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