Probable Cause

Question 1

Searches and seizures must be supported by

Answer 1

probable cause

Question 2

Probable cause is the _________ of the Fourth Amendment

Answer 2

traditional standard - Arizona v. Hicks

Question 3

Probable cause exists where:

Answer 3

1) the facts and circumstances within an officer’s knowledge and which they have reasonably trustworthy information are

2) sufficient in themselves

3) to warrant a man of reasonable caution and belief

4) that an offense has been or is being committed

Question 4

Probable cause focuses on

Answer 4

the totality of the circumstances

Question 5

Probable cause location on the continuum

Answer 5

between reasonable grounds and preponderance of the evidence

Question 6

Aguilar/Spinelli test

Answer 6

An affidavit lacks probable cause if it lacks sufficient detail to:

1) explain why an informant is reliable AND
2) how he came to the conclusions of the tip does not provide enough provable cause for a warrant

**even if the tip is corroborated, not enough for PC

Question 7

Illinois v. Gates

Answer 7

A tip can satisfy probable cause so long as there is a substantial basis for the conclusion that a search will uncover evidence of wrongdoing

Eliminates the Spinelli/Aguilar test, looks more to totality of circumstances

Question 8

Does an anonymous tip meet PC?

Answer 8

Yes, that is permitted so long as meets the Gates test