Probable Cause

Probable Cause

• Reasonable belief grounded on facts

• More than a bare suspision, less evidence that could justify conviction

• Must be shown before arrest/search warrant may be issued

• Does not require the same level of proof as that required to establish guilt (Brinegar v US)

Circumstances in which probable cause impacts an officer and the courts

• Probable cause is determination is a concern for Officers and the court.

• Determination done at probable cause hearing

Magistrate’s responsibility in the determination of probable cause

to judge if the Fourth Amendment standard has been met

Personal Knowledge

Facts an officer can testify as elemets of probable cause

• Observations

• Witness with senses (Touch, Vision, Hearing)

• Knowledge of suspect

• Time of day

  ETC

Corroboration

• Confirmation of a fact or evidence of a fact by independent evidence.

• Prevents convictions based only on weak, unverified claims

For an arrest

• An offense has been committed

• The person arrested committed it

For a search warrant their must be probable cause that:

• An offense has been committed

• Items sought are connected to this criminal activity

• The items sought will presently be found in the place to be searched

Identifiable Source

Individuals are identifiable sources

Good Citizen Informant

Supplies information on a recurring basis for money or other personal gains

Anonymous Tip

Anonymouse sources can be considered, but require corroboration to establish probable cause

Confidential Criminal Informant

Criminal that sells information to law enforcement for favorable treatment on pending charges in return.

NOT inherently trustworthy

Pretextual Stops

• A traffic stop made for a minor violation, but really used as an excuse to investigate other suspected crimes.

• Shows how minor infractions can open the door to larger investigations, but also raises concerns about profiling and fairness.