PROBABLE CAUSE, WARRANTS, AND JUDICIAL INNOVATION, PART 1

• NCJ Number: 4982
• Journal: FBI Law Enforcement Bulletin Volume: 40 Issue: 4 Dated: (APRIL 1971) Pages: 9-12 & 27
• Author(s): ANON
• Date Published: 1971
• Length: 5 pages
• Corporate Author: Federal Bureau of Investigation
• Publication Format: Article

Annotation

REVIEW OF THE HISTORICAL BASIS OF AMERICAN SEARCH AND SEIZURE LAW.

Abstract

THIS IS THE FIRST OF TWO ARTICLES EXPLORING THE DEVELOPMENT OF THE FOURTH AMENDMENT CONCEPT OF PROBABLE CAUSE. THE AUTHOR SUGGESTS THAT COLONIAL AMERICA'S DISSATISFACTION WITH THE ENGLISH GENERAL WARRANT LED TO THE IMPOSITION OF THE PROBABLE CAUSE REQUIREMENT FOR ISSUANCE OF SEARCH WARRANTS. EARLY JUDICIAL INTERPRETATIONS OF WHAT WAS MEANT BY PROBABLE CAUSE ARE REVIEWED. PART TWO, NCJ 005021, TRACES THE MODERN DEVELOPMENT OF THIS CONCEPT.