Probable cause Flashcards
What is probable cause?
Standard by which arrests and searches are made; reasonable belief grounded on facts
How does probable cause impact an officer and the courts?
Impacts officers ability to make arrests ; impacts judges abilities to issue warrants;
What is the magistrates responsibility when determining probable cause?
Judicial officer must make an independent judgement on whether the 4th amendment standard has been met
What is probable cause for arrest?
An offense has been committed and the person arrested committed it
What is probable cause for a search?
An offense has been committed; the items sought are connected to the criminal activity; the items sought will presently be found in the place to be searched
What is Firsthand sources?
Information witnessed by the officer
What is secondhand sources?
Information that is obtained from another party
Personal knowledge
The facts to which an officer can testify are invaluable as elements of probable cause
Types of sources
Identifiable source; good citizen; anonymous tip; confidential criminal informant
Identifiable source
Individuals that are identifiable with furnished information
Good citizen informant
Good citizen doing civic duty
Anonymous tip
Additional facts and corroboration is needed for probable cause
Confidential criminal informant
Criminal element; sells info to law enforcement for favorable treatment
Corroboration
The confirmation or support by additional evidence
What is the two pronged test?
How source obtained info; additional info to show source is reliable
What is the current test for the sufficiency of information?
Totality of the circumstances
Pretextual stop
When an officer legally discovers drugs during a probable cause traffic stop
