Unit 2: PROBABLE CAUSE Flashcards
Searches and seizure must be supported by
probable cause and must be authorized by a warrant.
probable cause - substantive standard
warrant - a rule of procedure
Unless the case falls within one or another recognized exception - the police MUST meet both the substantive hurdle and procedural one.
The traditional warrant requirement
- Does probable cause exists?
- Was it supported by oath or affirmation?
- Did the warrant particularly describe “the place to be searched, and the persons or things to be seized?”
- cannot be too ambiguous
- would officer with”reasonable effort ascertain and identify the place (or thing) intended?
Executing Warrants
Generally, police must knock and announce presence before serving a warrant. Wilson v. Arkansas.
But if police have “reasonable suspicion” of danger or the destruction of evidence, they do not have to knock and announce. Wilson.
United States v. Ramirez (1998) (“no-knock” permissible even if police must damage property to gain entry).
Police can temporarily detain occupants on the premises for which search warrant exists on these grounds. Michigan v. Summers (1981).
After knocking, police must wait a reasonable time before forcing entry, although they do not have to wait past the point of reasonable suspicion of danger/destruction.U.S. v. Banks (2003) (15-20 seconds was long enough; time to destroy evidence, rather than walk to door, guides analysis).
Violation of the “knock-and-announce” ruledoes notlead to application of exclusionary rule. Hudson v. Michigan(2006).
Got Probable Cause to Arrest?
Probable cause exists when…“the facts and circumstances within the officers’ knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.”
Probable cause to arrest requires a sufficient likelihood that a crime has occurred and the arrestee has committed or is committing that offense.
Probable case inquiry asks only if the evidence gathered by officers meets the applicable standard; an officer’s subjective motivation in conducting a search or making an arrest is irrelevant. While this is an objective test, an individual officer may rely on his or her own experience in making a probable cause determination. A police officer may also have specialized training that uniquely qualifies him or her to detect criminal misconduct.
Probable cause to arrest never erodes.
If officers have probable cause to make an arrest for one offense but erroneously arrest an individual for a different offense for which probable cause lacking, the arrest is valid. The validity of an arrest rests on its objective reasonableness, rather than an officer’s subjective intent. This objective inquiry relies, in turn, on the facts known to the officer at the time of arrest.
Probable cause with known informant (Draper)
previous reliability + present corroboration of details is sufficient for probable cause. Draper.
Probable Cause confidential/anonymous informant - Annoying biting pest (Spinelli)
Police must show (p)ast reliability of (a)nonymous informant (information that would allow the officer to gauge the credibility of the wither the informant or the information provided) and (b)asis of informant’s knowledge; otherwise, not enough to support probable cause. Spinelli.
Got Probable Cause to Searching?
Mandates a sufficient likelihood that contraband or evidence of crime is presently in the place to be searched. Probable cause to search can go stale, since the likelihood that incriminating evidence is in a given location can diminish over time.
Probable Cause Under Gates
Probable cause is a “fluid concept” that is “not readily, or even usefully, reduced to a neat set of legal rules.” Totality of the circumstance test - entirely a fact focus standard.
Mere affirmance of belief or suspicion is not enough for probable cause. Nathanson.
A tipster’s information, combined with police corroboration, must indicate a “fair probability” that contraband will be found in the area searched. Assuming sufficient corroboration, the anonymity of the informant and lack of knowledge as to how the tipster acquired their information does not preclude a finding of probable cause. Tipster claiming firsthand observation or supplying sufficiently detailed information that personal knowledge of the facts could be logically inferred would strengthening the reliability of the tip.
Cell Phone Searches while arrested
Generally, police must first secure a warrant before searching an arrestee’s cell phone.
There is NO SAFETY RISK posed to an officer by a cell phone beyond a preliminary search.
To the extent that a search of the contents of a cell phone might directly affect officer safety by alerting of potential danger, the separate exigent -circumstances warrant exception may apply.
the search of the data on a cell phone is a major invasion of privacy due to the quality and quantity of personal information stored on cell phones.
Rule: government may not conduct a warrantless search of cell phone incident to arrest; government must secure a warrant or demonstrate exigent circumstances.
