Who is the Primary Cognitive Subject in Probable Cause Determinations?
Darian C. De Bolt

The phrase ‘probable cause’ is a critical one in the American system of criminal law. The ideas behind it play a critical role when we are stopped by a law enforcement official for an alleged traffic violation or when we are searched prior to boarding an airplane. In this paper, I argue that probable cause is an epistemic, or more properly doxastic, concept. In particular, I attempt to identify that class of individuals who bear the primary responsibility for determining whether a claim of probable cause is sufficient.

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