Fourth Amendment -- Probable Cause

Question 1

When does the 4 A require PC?

Answer 1

For a valid warrant to be issued there must be probable cause.

Additionally, for a search or seizure to occur without a warrant there must be probable cause.

IF there is PC –> then Search / Seizure is reasonable.

Question 2

When is there PC?

Answer 2

PC exists where the facts and circumstances within the officer’s knowledge (WHAT THEY KNOW AT THE TIME) and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that:

1. An offense has been committed by the person to be arrested; OR
2. An item subject to seizure will be found in the place to be searched.

Pursuant to GATEs, under a TOC, there must be a fair probability that contraband or evidence will be found. (30 to 50%)

Question 3

When is there RAS?

Answer 3

Reasonable articulable suspicion that criminal activity may be afoot, and suspect is armed and dangerous.

Question 4

What are the two requirements for there to be PC to issue an arrest?

Answer 4

1. Probable cause that a crime has been committed; and
2. Probable cause that D is the person that committed the crime.

Question 5

What are the two requirements for there to be PC for a search?

Answer 5

1. PC to believe there are fruits, evidence or instrumentalities of crime; and
2. PC they are in a certain place.

Question 6

Can there be PC if the police made a mistake?

Answer 6

If the mistake is reasonable, then the search/seizure will not be unconstitutional.

Mistakes must be objectively reasonable, an officer cannot gain the benefits of 4 A reasonableness if sloppy or suffering from incomplete knowledge of the law.

Question 7

Do the subjective motivations of an officer matter?

Answer 7

No, [Whren v. U.S] held that the test for PC is an objective one that focuses on whether a REASONABLE O could have found PC under the circumstances.

A traffic stop must be based on an objective basis.