1 / 20

Probable Cause

Probable Cause. Fourth Amendment.

ronat
Download Presentation

Probable Cause

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. 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

More Related