Establishing Probable Cause" Go to the Legal Update Online Website, located at http://www.legalupdateonline.com/4th/131, and research the latest case law concerning probable cause and law enforcement...

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Establishing Probable Cause
The clause of Probable Cause has the potential to change the sphere of law enforcement
and criminal justice in a positive manner. Often it has been observed that in the course of
performing their duties, some criminal justice professionals tend to breach the professional code
of ethics and moral principles. It is to keep such menacing practices at bay that Probable Cause
can come to the aid of the criminal justice system. It is noteworthy that the clause has also the
potential to relate law enforcement practices thoroughly to the principles and points mentioned in
the Bill of Rights.
In Commonwealth v. White (2016) the issue of probable cause and its justified
implementation came under consideration when the Court, on the basis of Commonwealth’s
appeal, confronted two specific issues under the Fourth Amendment and Article 14 of the
Massachusetts Declaration of Rights, which are related to the application of the Probable Cause
Clause. Connecting the case to the Bill of Rights’ provision, the Court tried to determine whether
the seizure of a cell phone by law enforcement officer was supported by probable cause and if
the detective’s opinion that the device was likely to contain evidence actually provided the
probable cause needed for seizing the device (FindLaw, 2016). The Court also decided if, under
the given circumstances, it was reasonable for the...