Probable cause Flashcards
Define probable cause
Reasonable belief grounded on facts
Probable cause impacts an officer and courts
The courts have considered the standard as nontechnical, to be judged in the light of everyday experience, and not as an abstract legal formulation.
Arrest
Must have probable cause upon arrest with or without a warrant
Cause for arrest
An offense has been committed
The person to be arrested committed it
Searches
Filling an affidavit containing facts to satisfy the probable cause requirements is essential to authorize the issuance of a search warrant.
To obtain a search warrant
An offense has been committed
Certain items are connected to this criminal activity
The items will presently be found in the place to be searched.
Personal knowledge
Facts that which an officer can testify are invaluable as elements of probable cause. (I saw, I heard)
Types of sources
Identifiable source
Good citizen
Anonymous tip
Confidential informant
Two pronged test
Determined of whether information was sufficient to establish probable cause.
Totality of circumstance
The source provides specific and detailed information that can be verified by independent law enforcement investigation.
Corroboration
Conformation or supported by additional evidence or authority. (Verifying)