Comments on: What Does It Take to Establish Probable Cause?

By: THEODORE PONTICELLI

THEODORE PONTICELLI — Fri, 08 Jun 2007 21:15:24 +0000

Probable Cause is often over looked by law enforcement, and the courts accept fabricated statements when Probable Cause is of issue. In order for a person to be arrested or even cited, Probable Cuse must be met. Most Police Officer learn Probable Cause at the Police Academy, for some reason they don’t use the requirements.

By: K. Erdahl

K. Erdahl — Mon, 12 Feb 2007 20:23:40 +0000

How can probable cause be found on only one sided investigations? Doesn’t a full investigation have to involve checking into the parties involved with an accusation? You can’t possibly find that probable cause exists if you only have one part of a story. To me when an accusation occurs, there should be time to talk to everyone who is named in that accusation, before one jumps to the conclusion that something did occur. As in the case of an accusation of child sexual molestation. Not all children tell the truth. Some of them, especially the older ones, make accusations to get back at someone, because they are angry. Some children from broken homes make accusations, because they don’t want rules that they have been told they will have if they live with one parent over the other. Ie. no running around after a certain time at night, no make-up, etc… Not all people do what they are accused of. There needs to be a complete investigation to decide that something did happen. And the Ramey warrant needs tighter constraints put on it. A police officer should have to really proove that there is a dire need to get one. When there has only been an interview with the victim and nothing else done, there is no probable cause to arrest. There is probable cause to investigate, but not to arrest.

By: Kevin Mcclain

Kevin Mcclain — Thu, 08 Dec 2005 09:14:04 +0000

Judge Boggs is smarter than given credit for. While everyone is so interested in the off the wall coments that pertain to low percentages and fleets of cars to acheive those ideas. Everyone is missing the fact that this is the first time that good faith has been applied to a residence. Not to mention after a warrantless entry! I need help getting the word out about this case regardless of what you might think of me. I’m the defendant.

By: A Stitch in Haste

A Stitch in Haste — Mon, 05 Dec 2005 19:46:41 +0000

If, By “Probable,” You Mean a 5% Chance…

probable: likely but not certain to be or become true or real; “a likely result”; “he foresaw a probable loss”

The Chief Judge of the Sixth Circuit Court of A…

By: The Volokh Conspiracy

The Volokh Conspiracy — Mon, 05 Dec 2005 18:51:46 +0000

Judge Boggs and Probable Cause:

A number of law bloggers have pointed out the paragraph in a

By: Mike

Mike — Mon, 05 Dec 2005 03:45:45 +0000

So much for originalism or textualism. “Probable” equals 5 – 10%? Yet another example of conservative judicial activism. (By the way, when are conservatives going to “cowboy[girl] up” and admit the judges on “their” side are just as activist as many of the judges on the Ninth Circuit?)

By: Orin S. Kerr

Orin S. Kerr — Mon, 05 Dec 2005 03:16:47 +0000

Judge Boggs is just wrong, I think. I plan to blog about it shortly.

By: John Armstrong

John Armstrong — Mon, 05 Dec 2005 02:50:06 +0000

What srikes me as most odd is how for once a seeming innumeracy leads to more willingness to turn to numbers. Yes, the case he described leads to an actual probability (although I think he mismodeled the situation), but in general the real world is simply too nuanced to assign a number to a given situation. Do we try to assign a number to “reasonable doubt”, for instance?