Question

Under what circumstances does probable cause exist to search for items connected to a crime?

Answer 1

Probable cause exists to search for items connected to a crime when law enforcement officers demonstrate to a judge that there is a reasonable belief that a crime has been committed or evidence will be found. There are several circumstances in which this may occur, including consent, exigent circumstances, plain view, and a warrant.

Step-by-step explanation:

Under the Fourth Amendment, probable cause exists to search for items connected to a crime when law enforcement officers demonstrate to a judge that there is a reasonable belief that a crime has been committed or evidence will be found. Probable cause is a lower threshold than the standard of proof at a criminal trial, requiring less evidence to justify a search or seizure.

There are several circumstances in which probable cause may exist for a search. These include:

• If a person gives consent to the search.
• If there is a reasonable expectation that evidence may be destroyed or tampered with before a warrant can be obtained (exigent circumstances).
• If the items in question are in plain view of government officials.
• If law enforcement officers have a warrant issued by a judge.

It is important to note that the exclusionary rule applies if evidence is obtained without a warrant or falling under an exception. Evidence obtained illegally cannot be used in court.