Probable Cause to Search

Question 1

What are the two things you need to link in order for probable cause to exist for an arrest?

Answer 1

You need to link the crime and the suspect

Question 2

What are the two things you need to link for probable cause to exist to search?

Furthermore, you need proof of what three things?

Answer 2

You need a link between the evidence and the place to be searched

1) That the evidence exists
2) That it was once located at the place to be searched
3) The evidence is still there

Question 3

Define reasonable inference

Answer 3

Conclusions which are regarded as logical by reasonable people in favor or their experiences in life

Question 4

What are the two things an officer must do when writing a search warrant or testifying during a suppression hearing?

Answer 4

Set forth the facts in which the conclusion is based, and provide the court with reasons that the conclusion is sound

Question 5

What are some of the ways that you can prove that evidence exists?

Answer 5

Direct observation

Logical inference

Question 6

What is Logical Inference as it relates to evidence of a crime?

Answer 6

Based on the nature of the crime OR reliable source who saw, heard, or smells something at the crime scene or anywhere else that sufficiently signified the existence of the evidence

Question 7

What is Direct observation?

Answer 7

Something that is seen by the officer(s), reliable informant, witness, or victim

Question 8

What is inference based on the nature of the crime?

Answer 8

When officers have probable cause to believe that a crime was committed, they may usually infer the existence of items commonly used to commit those particular crimes (aka instrumentalities of the crime)

Question 9

What is existence based on close association?

Answer 9

Evidence that is solely based on the discovery of an item or condition at a crime scene. Simply stated, if item A and item B are typically found together, if is reasonable to believe that if you find item A, item B exists

Question 10

In drug cases, what are some examples of establishing probable cause in regards to existence based on close association?

Answer 10

Drug packaging
Drug odor
Drug packaging

Question 11

In NON-drug cases, what are some examples of inference based on close association?

Answer 11

Wound or Injury - device that caused it
Crime in a remote area - possession of weapons
Ammunition - firearms

Question 12

Existence based on physiology or physics

Answer 12

Officers may infer the existence of trace evidence at crime scenes based on human physiology and basic physics. For example it is reasonable to believe that a potential suspect had left fingerprints or DNA at a crime scene. Furthermore, the scene of a shooting, it is reasonable to infer that there will be trace blood spatter, powder burns, or GSR

Question 13

What are some examples for the existence of data based on common practice?

Answer 13

Government records - it is reasonable to believe that suspects dmv records contain his license number, height, photo, physical description
Records for legitimate business - accounting, names address, owners, suppliers
Deleted computer files - for example, when files are deleted they are never always removed from the computer, therefore it is reasonable to believe that those files still exist

Question 14

What is the “nexus rule?”

Answer 14

It means a sufficient link or connection between the sought after evidence and the place or thing to be searched

It can be established by direct evidence or reasonable inference

Question 15

What did the 9th circuit say about how a nexus could be established?

Answer 15

The required nexus between the items to be seized and the placed to be searched does rests not only on direct observation, but the type of the crime, the nature of the evidence, the extent of the suspects opportunity for concealment and normal inferences as to where a criminal would be likely to hide the evidence

Question 16

In writing a search warrant, is it possible to search multiple locations for an item?

Answer 16

yes - as long as there is fair evidence that the item to be seized was taken to, or manufactured in that place

Question 17

T or F in searching a third persons property with probable cause, does it matter the owner or the occupant is not a suspect in the investigation.

Answer 17

True - For example, if officers have probable cause to believe that a murder weapons is inside a residence, it is immaterial that the residence belongs to a friend or innocent person

Question 18

What is circumstantial proof as it relates to evidence?

What are some examples?

Answer 18

information that tends to - but does not directly - indicate where evidence was taken or produced

1) criminal hideouts
2) Storage lockers
3) vehicles used as instrumentalities - if a suspect had used a vehicle to transport drugs, it is reasonable to believe that contraband or evidence is kept there
4) Computers

Question 19

Explain reasonable inference (likely hiding places)

Answer 19

Even if the officer cannot directly or circumstantially link the sought-after evidence to a certain place they can establish probable cause to search the place based on a reasonable inference (that it was likely that the suspect had taken it there)

Question 20

What are some examples of reasonable inferences (likely hiding places)?

Answer 20

1) suspects home - reasonable when the evidence consist of instrumentalities of a crime such as murder, robbery, or burglary OR contraband drugs, illegal weapons stolen property
2) suspects car - a logical location due to convenience and that they are fairly secure and mobile
3) Personal containers
4) suspects storage lockers
5) Suspects business
6) Getaway cars

Question 21

What are the seven exceptions to the search warrant?

Answer 21

1) plain view / plain touch
2) Consent - unsolicited, unless probable cause exists, does not include a pat-down
3) search incident to a lawful arrest
4) motor vehicle exception - officer must have probable cause to believe that evidence of the crime exists in the M/V and should they not search immediately, there is a high probability that the evidence could be lost AND the suspect must remain on scene during the search
5) Exigent Circumstances
6) Community caretake function - to include abandoned motor vehicles
7) Inventory search

Question 22

Define what a pat-down of a person is

Question 23

Define what a search of person is