Probable Cause

1
Probable Cause
2
Fourth Amendment

• 'The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated, and no Warrants shall issue, but upon
  probable cause, supported by Oath or affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be seized.'

3
The Exclusionary Rule

• 1914 case Weeks V. United States
• Illegally Obtained evidence must be Excluded from
  federal Trials
• Mapp v. Ohio
• Illegally Obtained Evidence must be excluded
• United States V. Leon and Massachusetts V.
  Sheppard
• Good Faith Exception

4
Three Levels of Police Conduct

• Consensual Encounters
• Florida v. Royer An encounter can turn into a
  detention
• Detentions
• Arrests

5
Consensual Encounter

• Does not interfere with personal liberty
• Person is Free to Stay or Leave
• Requires no Legal justification

6
Detention

• Detainee is no longer free to leave
• Temporarily infringed on a Suspects movement
• Requires Articulable Suspicion

7
Arrest

• Requires Probable Cause
• Higher standard than articulable suspicion

8
Detention without Arrest

• Would the Facts Available to the officer at the
  moment of detention warrant a man of reasonable
  caution to believe the action was appropriate?

9
Some Relevant Reasons That Add to an Officers
Grounds to Detain

• Nervousness
• Furtive Gestures
• High Crime Area
• Lying

10
Articulable Suspicion

• Suspicion to detain depends on attendant
  circumstances No single circumstance can justify
  a detention
• ( Peo V. Rosenfield, 16 CA 3d, 619)

11
Probable Cause

• Facts or apparent facts viewed through the eyes
  of the experienced officer which would generate a
  reasonable belief that a crime has been or is
  about to be committed.

12
Police Officers and Probable Cause

• A Police officer has more training than an
  ordinary citizen
• A Police Officer has more experience in detaining
  and detained individuals
• A Police Officer would be able to recognize
  criminal conduct that an ordinary citizen would
  not

13
Detention

• A crime has Occurred or is about to occur
• There is sufficient information to believe that
  the person may be associated with that
  occurrence.

14
The Test for Probable CausePeople V. Heinze 253
Cal App 2nd 986

• A rational and articulable suspicion by a police
  officer that an activity out of the ordinary has
  taken place
• Some evidence connects the suspect with this
  activity and
• The activity is related to a crime

15
Terry Patdown( Grounds to Pat Search)

• Nature of Crime
• Were weapons involved in the crime?
• Bulge under Clothing
• A bulge consistent with a weapon possession
• Suspicious Movements
• Was the suspect reaching for something

16
Articulable Suspicion and Probable Cause Checklist

• Flight or Hiding
• Lying or verbal evasion
• Destruction of Evidence
• Admissions
• Evidence like Handwriting or Fabric comparisons
• Identification by witnesses or victims

17
Articulable Suspicion and Probable Cause Checklist

• Evidence in Plain View
• Information on the Police radio
• Drug detecting dogs
• Matching Descriptions of Suspects and Vehicles
• Proximity
• Familiarity with Suspect

18
Arrest

• Legality of an Arrest is determined by measuring
  LEVEL OF INTRUSION against LEVEL OF JUSTIFICATION

19
Arrest

• Fruit of the Poisonous Tree

20
The PATRIOT Act

• FBI can search private records (financial,medical,
  library, student)without a warrant
• Broad Powers to Federal Agencies to spy on
  American Citizens
• New crime of Domestic Terrorism
• An Organization who commits acts dangerous to
  human life
• Non Citizen suspects can be detained if they
  endanger the country