If the defendant pleads not guilty at the arraignment, a court date will be established for a preliminary hearing. In this hearing the prosecutor will present the evidence collected to the courts that will be used during the trial proceedings. Additional in this hearing, the defendant, defense attorney, prosecutor and judge will determine whether the evidence collected support the defendant charges and if probable cause is established. In this hearing if probable cause is not established, the case will be dismissed (del Carmen, Rolando V., 2014).

In the Gagnon v. Scarpelli case, the state of Wisconsin revoked probationer Gerald Scarpelli rights to a preliminary hearing due to his admission of violating his probation. Under the United States …show more content…
An example would include, an individual driving a motor vehicle above the posted speed limit and is stopped by law enforcement. Upon the officer approach to the vehicle, the speeder rolls down the window. Once at the window the officer smells marijuana and request the speeders driver license and registration. When the individual reaches into their glove compartment the officer spots drug paraphernalia. Probable cause is now established as the officer may now request a search and seizure due to the sighted drug paraphernalia and the odor of marijuana coming from the …show more content…
Any evidence obtained under this rule is not admissible in a criminal proceeding in order to prove guilt. Mapp v. Ohio was a criminal case that was in violation of the Fourth Amendment. This case was used as the platforms in order protect citizen rights from illegal search and seizure. In this case the United States Supreme Court decided that due to the fact a warrantless search and seizure was performed, the evidence collected from the search would be not admissible in court (Mapp v. Ohio,