Probable Cause Requirement

Question 1

Probable Cause

Answer 1

a certain quantum of likelihood that is
- essential for a valid warrant and
- is the norm of reasonableness for warrantless searches and seizures

more than reasonable suspicion, les then preponderance of the evidence

judged solely on the obj. standard

Question 2

Quantum of Likelihood

Answer 2

requires sufficient likelihood, no numerical value

Gates: fair probability, substantial chance, or substantial basis

Question 3

Probable Cause Generally

Answer 3

1. required for all warrant, 2. required for all arrests, 3. not evaluted retroactively, 4. warrantless searches/seizures, if supported by probabel cause are often reasonable, and 5. warrant;ess searches/seziures are not supported by probable cause are per se unreasonable

Question 4

Gates Test

Answer 4

totality of the circumstances:
- basis of knowledge and veracity have relevance but not independently signifcant

• the strength of either former prong can compensate for a weakness in the other.
• Evidence corroborating the tip, if any, retains relevance, and it is evaluated togather with all the other pertinent information

Question 5

Aguilar-Spinelli Test

Answer 5

basis of knowledge and veracity?
- apply the test to the tip
- if both prongs aren’t satisfied, evalute tip without corroborating info, if any
- old test

Question 6

a police officer applying for a warrant to present the magistrate with a factual showing of the informants:

Answer 6

1. basis of knowledge and
2. veracity

Question 7

basis of knowledge

Answer 7

how does the informant know what he purports to know?

Question 8

veracity

Answer 8

why is the informant believable? look at either the credibility of the informant or the reliability of his informantion

Question 9

Probable cause to Arrest:

Answer 9

1. particular individual
2. committed or is committing a particular offense

Question 10

Probable cause to search

Answer 10

1. something that can be searched or seized by the government, and
2. is presently
3. in the specific place to be searched.

Question 11

A person whose honesty you don’t doubt tells you that you just won the lottery. Would you confidently spend the winnings?

Answer 11

Probably not. You would want to know how this person purportedly knew this. For example, was it by reading a detailed story in newspaper, making.a logical leap from snippet of new report, relying on a dream, etc.

Question 12

A stranger tells you that you have just won the lottery. He says he witnessed the drawing in person and later need a confirmatory newspaper article. Would you confidently spend the winnings?

Answer 12

Probably not. You would want to know about this person’s veracity (reputation, opinion, and track record). For example, is he a congential liar, a convicted perfuer, an upstanding citizen, etc.

Question 13

Officer x seeks a search warrant for D’s home. X provides an affidavit to a judge stating informant I told him (x) that D is presently storing illegal drugs there. X also opines I is credible. Does this satisfy the Gates Test?

Answer 13

No, the judge cannot simply take the word of X or I. This is a bare bones affidavit; the judge would have failed to make an independent judgement about PC

Question 14

What additional circumstances could potentially satisfy the PC standard?

Answer 14

• Tip itself: Pc might be established if the tip included considerable detail and predictions of D’s future behavior, which might suggest that I possessed inside info for first-hand knowledge
• corrborating evidence: PC might be established if the affidavit included confirmation of some of the details of I’s tip, especially if the details involved unusual conduct by D predicated by I.