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A strong hunch is a good enough reason for a police officer to ask for a search or arrest warrant from a judge or magistrate. True False

2 Answers

9 votes

Final answer:

A strong hunch is not adequate for obtaining a search or arrest warrant; law enforcement must establish probable cause. Probable cause requires a reasonable basis to believe that a crime has occurred and is not based on mere intuition.

Step-by-step explanation:

A strong hunch is not a sufficient basis for law enforcement to obtain a search or arrest warrant from a judge or magistrate. Instead, probable cause is the legal standard necessary to justify a search or arrest. Probable cause means there must be a reasonable basis to believe that a crime has been committed or that evidence of a crime can be found in the place to be searched.

Probable cause is a higher threshold than a mere suspicion or hunch. It requires facts or evidence that would lead a reasonable person to believe that the suspect has committed a crime. For instance, in the case of Terry v. Ohio, the police were allowed to stop and frisk a suspect based on reasonable suspicion, which is a lower standard than probable cause and applicable only in specific instances.

An officer's intuition or hunch may initiate an investigation, but for a search or arrest warrant to be issued, concrete evidence or facts that establish probable cause must be presented to a judge or magistrate.

User Jananath Banuka
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5.6k points
0 votes

Answer: I'm gonna say no unless they have some sort of evidence.

User Renjith R
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4.7k points