Probable cause is problematic but not because it is a bad thing, it is actually a very necessary inclusion to Philadelphia law and is used nationwide to protect the American people. It is often abused, and the general population does not have a lot of knowledge of how probable cause plays out in the court of law.
Probable cause, as reviewed by a criminal lawyer in Chester County, means that the local police must have a legitimate and clear reason for accessing a property. It usually directly invokes the search and seizure rules, which allows the police to enter a property and take items they deem part of the evidence. It is easy to see how this can be abused when handling a criminal charge: many local police organizations may be relaxed in what they deem to be probable cause.
An arrest can be made with an undue probable cause. Probable cause is, in its own, built on making subjective assumptions, and that gray area allows room for mobility and flexibility in how evidence is supported and justified. The definition of probable cause states that officers must point to an objective circumstance that would lead them to suspect who committed the crime but that seems to clash with the reality of probable cause. How can something be found objective if it leads to a subjective response? When is evidence ever truly objective? There are areas where this is the case such as fingerprints or an item of clothing earned by another, but even these leave room for interpretation and clarity. Do they justify a search and seizure or do they simply indicate a sit-down and discussion?
A criminal lawyer in Chester County can look at the initial contact made and if there is a lack of a clear probable cause it could turn the entire case around. Contact the team at website to learn more about the ins and outs of probable cause. It is often unfairly used to start a case, target a specific individual, and establish an agenda. There are actions a criminal lawyer in Chester County can take to turn the tide and establish a decent line of law.
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