******KNOW YOUR RIGHTS*******

I. Probable Cause

The Fourth Amendment of the US Constitution provides that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The term "probable cause" is defined very vaguely here. Of course each state has adapted it's own statute to define probable cause. It's basic meaning is this-- Probable cause is a "reasonable belief" that a person has committed a crime. For example, this can be a driver swerving on the road. If an officer observes this reckless behavior, he now has the jurisdiction to pull you over, question your sobriety, and even search the vehicle for illegal contraband. Some states go so far to include the scent of marijuana or alcohol as probable cause. My only problem with this is it is hearsay evidence. The officer could simple be lying. Maybe the officer doesn't like you. Maybe he/she is racist or sexist. Maybe he/she is your neighbor and is tired of the mangoes from your mangoe tree spilling onto his lawn. Nonetheless, the "scent of marijuana or alcohol" is not a tangible object and should not be used as grounds to search your vehicle.

Probable cause is the minimum level of evidence of a crime that must be present for an arrest. Simply stated, it is somewhat restrictive than the standard for the police to engage someone in a conversion, but less than the certainty beyond the shadow of a reasonable doubt required for a conviction.

Verdict: Probable cause is highly susceptible to be abused today. Just look at the Columbia, MO police department. May 10, 2010 authorities in CoMo somehow obtained a search warrant within 8 DAYS, broke into a citizens house, scared the children in this home, shot and killed their dogs! (which were poodles, I believe) only to find a misdemeanor amount of marijuana residue. Just watch the link below and I'm sure you will find it very infuriating, disturbing, and a complete violation of our rights as Americans.

http://www.youtube.com/watch?v=zs3Gaq9j6RA

The tragedy is this will occur more and more until the citizens of this country get angry, get loud, and demand accountability from their government.... So, get to it! Write your local and state representatives and express your opinions on this or any other matter you wish to discuss. Trust me, they will listen. After all, they need your vote. Don't know your representative? Go to house.gov and simple type in your zip code. ******Always Remember, democracy will only prevail with general knowledge dispersed among the people.*******