Ch 3-4 Quiz Flashcards
What is Level of Proof
the degree of certainty required by the law for an act by government agents to be legal
What is Man of Reasonable Caution
refers to the average man or women on the street. It doesn’t refer to a person with training in the law
Probable Cause Legal Definition
more than bare suspicion; it exists when the “facts circumstances within the officers knowledge of which they had reasonably trustworthy info are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed”
Probable Cause Practical Definition
exists when it is more likely than not (more than 50% certainty) that the suspect committed an offense or that the items sought can be found in a certain place
Reasonable Suspicion
the quantum of knowledge sufficient to induce an ordinarily prudent or cautious person in similar circumstances to believing criminal activity is occurring
Brinegar v. United States (1949)
probable cause is more than bare suspicion, it exists when the facts and circumstances within the officers knowledge of which they had reasonably trustworthy info are sufficient in themselves to justify a “man of reasonable caution in the belief that an offense has been or is being committed
Spinelli v. United States (1969)
“innocent seeming activity” and a “bad and illuminating assertion of suspicion “in an affidavit are not to be given weight in a magistrates determination of probable cause. An officer may use credible hearsay to establish probable cause, but an affidavit based on an informants tip must satisfy the 2-pronged Agrilar test
Michigan v. Summers (1981)
the general rule is that every arrest, as well as every seizure having the essential attribute of a formal arrest, is unreasonable unless supported by probable cause
Alabama v. White (1990)
reasonable suspicion is a less demanding standard than probable cause. It can be established with info different in quantity or content from that required to establish probable cause
Maryland v. Pringle (2003)
in determining probable cause, the term “man of reasonable caution” is best interpreted using the standard of an “objectively reasonable police officer”
examine events leading up to arrest
test whether or not there is p.c. to believe that the passengers committed the crime solely or jointly
Caroll v. United States (1925)
where the officers would have facts and circumstances available to them as would “Warrant a man of reasonable caution in the belief” that an offense has been committed or is being committed
vehicles - mobility: cars can leave; visibility: windows reduce expectation of privacy
What is the Legal Standard for Arrests
Probable Cause
there has to be a person who did it, attach crime to act and act to specific person
bad guy bad act
What are the Sources of Probable Cause
Collection that builds towards conviction
-Officer Observation -Officer idk -Witnesses -Victims
-Record Checks -Title 3 -137s (informants) -Suspect Testimony
What are the steps for the Reasonableness Cause
1) Limited Detention - get answer to question of whats going on, if reasonable answer no pat down
2) Limited Search- once red flag appears you can pat down, to be hands on, one reason only: fear of officer safety (fear is the trigger)
What does the Terry Stop include
3 guys casing store, pat down and found unlawfully carried weapons
What was the crime? Hadn’t happened yet, no probable cause yet
Reasonable Suspicion: we don’t want cops to have to wait for crime, we want them to be proactive
possible bad guy, possible bad act
Guilt/Suspicion Graph
15%-25%: hunch/guess
25%-50%: reasonable suspicion
50%-85%: probable cause
49%-84%: preponderance
85%-100%: beyond a reasonable doubt
Probable Cause 4 Important Areas of Police Work
- Arrests with a Warrant
- Arrests without a Warrant
- searches and seizures of property with a warrant
- Searches and seizures of property without a warrant
United States v. Ortiz (1975)
ruled that “officers are entitled to draw reasonable inferences from these facts in light of their knowledge of the area and their prior experience
Illinois v. Gates (1983)
the 2 prongs for determining informants should be treated as relevant considerations in the totality of circumstances