Probable Cause Flashcards
(9 cards)
Define Probable Cause and how it impacts the officer and the courts?
A reasonable believe grounded on facts to suspect a person has committed or is committing a crime, or that a place contains specific items that connected with the crime.
To be judged in the light of everyday experience
Deals with probability not certainty
And the magistrate must interpret the officers statement in a common sense and realistic manner
Recognize the magistrates responsibilities in the determination of probable cause?
Must make an independent judgement that the 4th amendment standard has been met.
Arrest- offense has been committed
The person to be arrested committed it
Searches- a crime has been committed
The items sought will be presently found in the place to be searched
US V. Ventresca
Officers are advised to seek a disinterested determination from an impartial magistrate because in marginal cases a search under a warrant may be sustainable where one without it would fail
State V Smith
Conclusions statements without a basis for judgement are insufficient. An affidavit must contain sufficient underlying facts for the magistrate to base his determination on
State V Clifton
Upheld once officers had the facts assembled, must be organized, communicated in a clear, concise fashion so the magistrate can find probable cause. Also must be written.
First hand information and other sources of information?
Personal Knowledge
First hand witnessed by the officer ie…
“I heard” “I found”
Observations
Smell
Touch
Hearing
Knowledge of suspect
Knowledge of suspects associates
Knowledge of area
Time of day
Physical Evidence
Suspect Statements
Experience of officer
Four Sources of second hand information
Identifiable Source
Good citizen informant
Anonymous tip
Confidential informant
Corroboration
evidence which confirms or supports a statement, theory, or finding; confirmation.
