The requirement of "probable cause" is an integral part of the Fourth Amendment. The Amendment specifically provides that a warrant may not issue except on probable cause. In addition, some exceptions to the warrant requirement necessitate a finding of probable cause.
Criminal Procedure
- This Subject Area Index lists all CALI lessons covering Criminal Procedure.
- The Criminal Procedure Outline allows you to search for terms of art that correspond to topics you are studying to find suggestions for related CALI Lessons.
This lesson is designed to help students understand the term "search" as it is used under the Fourth Amendment. As we shall see, the term is a term of art which does not always correspond to popular conceptions or definitions of the term search.
These two exercises are offered to familiarize students with what prosecuting and defense attorneys do from the time an investigation begins until trial preparation and why they do it. Special attention is given to correspondence, pleadings, and the guilty plea.
These two exercises are offered to familiarize students with what prosecuting and defense attorneys do from the time an investigation begins until trial preparation and why they do it. Special attention is given to correspondence, pleadings, and the guilty plea.
This lesson, part one of three lessons on searches and seizures with a warrant, addresses issuance of warrants. This involves basic principles about search and arrest warrants, who can issue them, the "preference" for warrants, and concepts of probable cause, particularity and nexus. The second lesson concerning warrants, "Searches and Seizures with a Warrant: Issuance of the Warrant 2" includes a detailed example of an application for a search warrant and the search warrant issued based on this application. These provide opportunities to identify potential shortcomings in both documents.
In this lesson, you will review both the theory and the application of the plain view doctrine.
This lesson, part two of three lessons on searches and seizures with a warrant, addresses application of the rules for issuance of warrants. A first lesson, "Searches and Seizures with a Warrant: Issuance of the Warrant 1," involves basic principles about warrants, who can issue them, the "preference" for warrants, and concepts of probable cause, particularity and nexus. This lesson includes a detailed example of an application for a search warrant and the search warrant issued based on this application. These provide opportunities to identify potential shortcomings in both documents.