Establishing a Probable Cause
Probable cause refers to the criminal law requirement that police officers have enough reason to arrest a person, carry out a search or seize property which relates to purported crime (Del, 2017). In Tamir Rice case law, the court found a probable cause for charges of involuntary manslaughter, murder, reckless and negligent homicide and neglect of duty against Timothy Loehmann, one of the two Cleveland officers in this case. The officer shot Tamir Rice on Nov.22, 2014.However, the grand jury did not charge the police officers, viewing the case as perfect human error. The case touches on the various development regarding the rights of the law enforcement officers while carrying out their duties and the rights of the civilians. Considering that the law in Cleveland allows the citizens to by- pass the prosecutor in the cases where the system is trying to shield its own, the legal avenue where ones rights can be defended seems to be closed. The emerging issue is whether the law enforcement officers will use the rights afforded to them to suppress the citizens’ rights.
Probable cause and reasonable suspicion are aspects in the law whose evolution has occurred through the decisions of state and federal court, but started in U.S Supreme Court. Probable cause is thus interpreted to exist where a law enforcement officer is aware of such facts as to would make a rational person to believe that another person is committing crime, is about to commit or has already carried out a criminal act. Reasonable suspicion is a measure in which the officer is allowed to stop and detain someone for a short while based on the officers experience or training that makes them believe that the individual is carrying out a criminal act. Probable cause to engage in looking for evidence or seize the proof requires the officer to possess enough facts that would make a reasonable person believe that there will be found evidence in the area to be searched (Del, 2017).
References
Del, C. R. V. (2017). Criminal procedure: Law and practice.
In re Affidavits for Probable Cause, 2016-Ohio-856
