Possible Legal Reason as a Condition of Arrest or Search or the Issuance of their Permission in US Law
Dr. Yousef Al Mutairi
Associate Professor of Criminal Law
Department of Law, College of Business Studies
PAAET, State of Kuwait
Abstract:
The research deals with the issue of the possible legal reason as a condition for arresting or searching or issuing permission for it in American law, and it studies the problematic of the validity of the provisions and procedures related to it. This matter acquires its importance due to its relation to human freedom and rights, and therefore the Fourth Amendment to the US Constitution stipulates that “the right of people to be safe in their persons, homes, documents, and belongings shall not be prejudiced against any unreasonable search or detention, and a warrant may not be issued in this regard except in In the event that there is a probable cause, supported by an oath or affirmation, and it is indicated exactly the place to be searched, and the persons or things to be detained »; Therefore, the probable cause is considered one of the important guarantees in the criminal procedural work in American law, in the event that the policeman wants to search a person, or a specific place, or to arrest a specific person, or to issue a warrant for the arrest, or to search a place; The requirement that the probable cause be present prevents the police from carrying out an arrest or search in violation of the law, in addition to guaranteeing the right of the state to protect the private lives of people, and not to violate or infringe on their sanctity.
The research aims to explain the provisions of the probable cause in the criminal procedural work and its characteristics, and the procedural and penal effects of its availability, by adopting the analytical approach and studying the variable rulings of the US Supreme Court. The research came in three demands in which the nature of the probable cause, its legal nature, and its procedural and penal effects were studied. It concluded that the probable cause is a legal justification for conducting an arrest or search, but it does not amount to confirmed evidence to convict the accused. The research also concluded that the probable cause is not It is fixed and is subject to temporal and spatial circumstances, and therefore the US Supreme Court often intervenes to examine the circumstances associated with each case separately.
Keywords: US Constitution, US Supreme Court, criminal law, criminal procedure code, probable cause, and crime.