Fourth Amendment – Probable Cause

Question 1

Draper (1959)

Answer 1

Private Searches, Evaporating Privacy, & Plain View: Warrantless Search: Probable Cause from hearsay of informant: tip from reliable informant, which is corroborated by predicting facts unknowable to a stranger, is Probable Cause. to determine if facts/circumstances will produce PC: must view these facts/circumstances as a reasonable person would view them to determine Probable Cause.
Tip from informant with positive history provided details of color clothes, destination, color of bag

Question 2

Aguilar/Spinelli (1964/1969)

Answer 2

Private Searches, Evaporating Privacy, & Plain View: Evaluate legality of a warrantless search from informant: 1) Did affiant (cops receiving tip) make clear why the info from informant supplied to him was reliable/trustworthy; 2) was magistrate given the basis of info (more than a hunch)? OVERTURNED by Gates

Question 3

Gates (1983)

Answer 3

Private Searches, Evaporating Privacy, & Plain View: Probable Cause Via Informants_practical/non-technical/totality of the circumstances: 2 prong A-S test is not rigid but intertwined to determine if Probable Cause exists, and so must be weighed against one another as a Totality of Circumstances. Otherwise, the bar would be set too high and so encourage cops to forego warrants.
Based on a tip in an anonymous handwritten letter (thus lacking credibility), cops observed a husband and wife conducting activities (Chicago-FL flying/driving) IAW tip. Cops obtained a search warrant solely based on this to find drugs.

Question 4

Harris (2013)

Answer 4

Private Searches, Evaporating Privacy, & Plain View: Gates Totality of Circumstances extends to K-9s (to include the situation, certification, training/testing records);
Traffic stop #1 with K-9 Aldo found reagents for meth; traffic stop #2 Aldo alerted but nothing found. Probable Cause was legit for both stops from Aldo.

Question 5

Pringle (2003)

Answer 5

Private Searches, Evaporating Privacy, & Plain View: car passenger–unlike the unwitting tavern patron in Ybarra–will often be engaged in a common enterprise with the driver, and have the same interest in concealing the fruits or the evidence of their wrongdoing
D in front seat while coke found in backseat. D submitted confession.