Probable Cause Article Summary

In the United States, the police must, whenever practicable, obtain advance judicial approval of searches and seizures through the appropriate warrant procedure. In most instances, failure to comply with the warrant requirement can only be excused by exigent circumstances. There should be circumstances sufficient to warrant a prudent man to believe that the person stopped had committed or was committing an offense. Intrusions upon constitutionally guaranteed rights must be based on more than unarticulated hunches, and simple good faith on part of the officer is not enough. The facts should prove reasonable inferences derived from unusual conduct.

A person may assert violation of his Fourth Amendment rights in connection with search or seizure only if he...