Probable Cause

Question 1

OLD Test for Probable Cause:

Answer 1

A-S Test (two prong):

Had to satisfy both:

(1) a basis of informant’s knowledge, and
(2) veracity (credibility)

Question 2

Gates (NEW Test for Probable Cause)

Answer 2

Probable cause is determined by a “totality of the circumstances” and not by any strict test

*letter about the drug purchase

Question 3

Pringle (three in a car)

Answer 3

Officer had probable cause to believe a felony had been committed, therefore he had probable cause to make an arrest.

*Three in car with drugs

Question 4

Whren

Answer 4

Probable cause is an objective standard, not based on the subjective motivations of police officers.

Question 5

Devenpeck

Answer 5

An officer’s subjective reason for making an arrest need not be the criminal offense as to which the known facts provide probable cause. It is, instead, a matter of whether the circumstances, taken objectively, justify the officer’s action.

*Wig-wag lights impersonating an officer, even though he was arrested for “recording” the officer

Question 6

Five “Steps” of where “Facts” lie

Answer 6

1. No facts - “hunch”
2. Reasonable suspicion
3. Probable Cause
4. Preponderance of the Evidence
5. Beyond a Reasonable doubt