CP Lesson 3: Probable Cause, Warrants

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CP Lesson 3 Probable Cause, Warrants Arrests

• Probable Cause under the Fourth Amendment
• Meaning
• Means of establishing
• Cases
• Warrants
• Primarily interested in arrests here
• Cases
• Executing arrests with warrants

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Probable Cause under the 4th Amendment

• Definition
• Legal Brinegar v. US (1949)
• Practical gt 50
• The Reasonable Person
• When needed
• Arrests w/ warrant
• Arrests w/out warrant
• Searches and seizures w/ warrant
• Searches and seizures w/out warrant

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Probable Cause under the 4th continued

• Probable Cause for Arrest vs. Search Seizure
• Arrest, the concern is twofold
• Whether an offense has been committed, AND
• Whether the suspect did in fact commit the
  offense
• Search and Seizure, also two
• Whether the item to be seized is connected with
  criminal activity (contraband) AND
• Whether it can be found in the place to be
  searched

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Probable Cause and the 4th continued

• Four types of information may be used to
  establish probable cause
• Facts obtained from criminal, unidentified, or
  anonymous informants (e.g. hearsay)
• Facts obtained from above, but with corroborative
  (follow up) police investigation
• Facts obtained from non-criminal informants (e.g.
  witnesses and victims)
• Facts obtained by officers w/ their own senses

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Probable Cause under the 4th, continued

• Cases
• Draper v. US (1949)
• Aguilar v. TX (1964)/Spinelli v. US (1969)
• First prong informant reliability
• Second prong information is reliable
• Illinois v. Gates (1983)

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Warrants (Arrest)

• Preference for and why
• When not needed
• US v. Watson (1976)
• When needed
• Payton v. NY (1980)
• Arrests with Warrants
• Issuance of Warrant
• Knock and Announce Cases
• Wilson v. Arkansas (1995)
• Hudson v. Michigan (2006)
• Exigent Circumstances exception
• Brigham City v. Stuart (2006)

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