Question

Whether or not probable cause to preform a search existed is determined by asking

Answer 1

Answer:

As you may know, the Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures of their “persons, houses, papers, and effects.” However, police are allowed to search and seize property by proving that there was probable cause to do so.  

Probable cause generally refers to the criminal procedure requirement that the police demonstrate that they have a reasonable belief that a person has committed or will commit a crime, before a warrant is issued for a person’s arrest or to search or seize a person’s property.

Probable cause exists when a police officer has sufficient knowledge of facts to warrant a belief that a suspect is committing or has committed a crime. In general, probable cause requires more than a mere suspicion that a suspect committed a crime, but not enough information to prove that the person is guilty of a crime (beyond a reasonable doubt). The belief must be based on factual evidence, not just on suspicion.