Probable Cause Flashcards
expressly stated in 4th amendment…
“warrants must be supported by probable cause”
“a search or seizure conducted in the absence of probable cause ordinarily is considered and unreasonable one.”
arrests, warrants, searches & seizures–which require prob cause?
1) All arrests require probable cause (w/ or w/o warrant)
- An arrest is a seizure of person and requires p/c
2) All warrants require probable cause
3) search or seizure of property is constiutionaly unreasonable unless that search or seizure is conducted on basis of probable cause. (with or without search warrant
RULE for p/c ARREST
Probable cause to arrest exists when the facts and circumstances known personally to police officer, and/or if he has reasonably trustworthy secondhand information, would be sufficient to suggest to a person of reasonable caution that a crime has occurred and that defendant committed it.
RULE for p/c Seizure
Probable cause to seize property exists when the facts and circumstances known personally to police officer, and/or if he has reasonably trustworthy secondhand information, would be sufficient to suggest to a person of reasonable caution that she will find criminal evidence where she’s looking.
What type of info should a police office give to judge to decide if there is probable cause? (seeking a warrant) can it be considered reasonably trustworthy info?
o what personally observed firsthand
o made statement under oath
o before a neutral and detached magistrate
Warrant must identify?
- place to be searched
* persons or things to be seized
Temporary seizure/in anticipation of executing warrant
Reasonable if:
1) police had probable cause to conduct the search for contraband
2) “had good reason to fear” that unless detained would destroy drugs
3) “police made reasonable efforts to reconcile their needs with the demands of personal privacy (avoided significant intrusions)
Aguilar/Spinelli Two-prong test, if it’s reas. trustworthy info: (old law)
1) Basis of Knowledge of informant in question
2) Veracity of informant (reliability)
* must be satisfied before magistrate can consider
Basis of knowledge: How does the person know what they know?
(1) personal observation (here it can be satisfied that Bernard Roy-the informant-went to the targets house and bought the drugs)
(2) statements from target
(3) detailed info: when the police can confirm that information we called that police corroboration (pg. 129) ss.
Veracity/realibility: (problem with Gates)
o Confidential informant-don’t reveal the identity of this person, you don’t want divulge his identity. The judge doesn’t know who the confidential informant is either. Under the Spinelli/Aguilar test the judge determines whether or not there is support for probable cause in order to issue a warrant. Affiant is the police officer.
o Track record/with supplying information.
o Past experience with supplying information, number of years, number of investigations.
o We look to see whether or not the statements lead to arrests and convictions.
o Past information that has lead to seizure evidence.
o Statements against someone’s penal interest (for instance, when a purchaser buys drugs and tells the cops that he bought drugs from D at his house) When someone faces potential criminal charges against them.
o Police Corroborration
Makes up for deficiencies in the two prongs (basis of knowledge, veracity/reliability)
look at supplements police give you
o When someone requests a warrant, you need to look at the affidavit of the affiant but that is it. ONLY affidavit do not look at any supplements that an officer can try to give you (timely nexus?)
arrest in public place
no warrant rule, even if time to get one: (Watson)
arrest in home
warrant-requirement
o No-knock warrant:
o Knock and announce warrant: the police have to give the person an opportunity to knock on the door and for the person to open the door
Payton v. NY
When police seek to arrest in home they must (absent consent or emergency) have an arrest warrant &
In order to make a routine felony arrest.
o when officer is inside, he can go wherever suspect is
-not reasonable if cuff him & then start looking through drawers
**“physical entry is the chief evil the 4th amend is designed to protect”
Violations usually occur in scope—Follow the police conduct & see where impermissible
Police may constitutionally seize any item(even if not described in warrant) if:
1) they observe item while searching the place they have authority to search
2) the item is located in such an area &
3) police have p/c to believe the item is subject to seizure
