1 / 8

CP Lesson 3: Probable Cause, Warrants & Arrests

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. Probable Cause under the 4 th Amendment. Definition

kynton
Download Presentation

CP Lesson 3: Probable Cause, Warrants & Arrests

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 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

  2. Probable Cause under the 4th Amendment • Definition • Legal – Brinegar v. US (1949) • Practical = > 50% • The Reasonable Person • When needed • Arrests w/ warrant • Arrests w/out warrant • Searches and seizures w/ warrant • Searches and seizures w/out warrant

  3. 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

  4. 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

  5. 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)

  6. 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)

More Related