Flashcards in Probable Cause Deck (22)
What is the definition of "Probable Cause"
A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime.
What is "Probable Cause" under the Fourth Amendment
probable cause-which amounts to more than a bare suspicion but less than evidence that would justify a conviction- must be shown before an arrest warrant or search warrant may be issued.
Brinegar v. US
"In dealing with probable cause, however, as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on the which reasonable and prudent men, not legal technicians, act. The standard of proof is according correlative to what must be proves."
What is the magistrate's duty?
the magistrate may not rely on the conclusion of the officer that an arrest is justified or a search of a person's home is reasonable.
what is the probable cause for an arrest?
1. An offense has been committed
2.The person to be arrested committed it.
What is the probable cause for a search?
1. An offense has been committed
2. Certain items are connected to this criminal activity
3. The items will presently be found in the place to be searched
What is the definition of "source of facts"?
Any relevant, legally obtained evidence may be considered on the issue of the probable cause even though the evidence might not be competent proof at rail.
What is personal knowledge?
The facts to which an officer can testify are invaluable as elements of probable cause. Ex: "I saw..., I heard..., I found...,"
Examples of personal knowledge?
observations, smell, touch, hearing, knowledge of suspects, knowledge of suspects associates, knowledge of area, time of day, physical evidence, suspects statements, experience of officer.
If a person refuses to consent to a search, that fact alone cannot establish probable cause.
A person's assertion of his or her constitutional rights cannot give an officer probable cause to believe that a crime has been or is being committed.
What is the definition of second hand information?
Second hand of establishing probable cause, secondhand information my be employed I fit has been obtained in legal manner and is found to be sufficiently reliable.
What are the 4 types of sources?
identifiable source, Good citizen information, Anonymous Tip, Confidential Criminal Information.
What is identifiable source?
There are individuals who are identifiable as the source of information.
What is good citizen Information?
This type of information is distinguished from a criminal information who supplies information on a recurring basis for money or other personal gains.
What is anonymous tip?
Information from anonymous sources.
What is a confidential criminal informant?
he/she is part of the criminal element and is normally selling the information to law enforcement, seeking favorable treatment on pending charges, or furnishing such information in connection with favorable treatment in the past.
What are the two methods for evaluating informant information?
1. Two prong test
2. Totality of the circumstances
What is the "Two Prong Test"?
1. how the source obtained the information in thus case
2. additional information to show source is a reliable-credible person
What is "totality of the circumstances"?
if the source provided specific and detailed information that can be verified by independent law enforcement investigation, the magistrate can accept the "totality of information" as his/her basis for a determination of probable cause.
What is "corroboration"?
"confirmation or support by additional evidence or authority" Simply, verifying the information we have.
When determining whether information has been corroborated we must consider?
The "weight" or persuasiveness of the information.