Flashcards in Chapter 1: Probable Cause Deck (9)
Draper v United States, 1959
Information from an informant that is corroborated by an officer may be sufficient to provide probable cause for an arrest even if such info is hearsay
Spinelli v United States, 1969
To establish probable cause, an affidavit must meet two-pronged test in Aguilar v Texas. Failure to do so means that warrant issued is invalid
Two-pronge test in Aguilar v Texas. Probable cause based on information obtained from informant could be established only if the following were present: reliability of informant and reliability of informants information. Both conditions must be satisfied before probable cause established.
Illinois v Gates, 1983
Two pronged test for probable cause is abandoned in favor of the "totality of circumstances" test.
totality of circumstances test: probable cause established if based on circumstances (including hearsay) there is a fair probability that contraband or evidence of crime will be found in a particular place.
Unites States v Sokolow, 1989
totality of circumstances in this case established a reasonable suspicion that suspect was transporting illegal drugs; hence, the investigative stop without warrant was valid.
this case addresses issue of drug courier profiles
Devenpeck v Alford, 2004
4th Amendment does not require the offense establishing probable cause for an arrest to be " closely related" to and based on the same conduct as the offense identified by the officer during initial encounter
Case involving impersonating a police officer
Most important and most often used phrase in law enforcement
Probable Cause Defintion
US Supreme Court- as more than bare suspicion; it exists when "the facts and circumstances within the officers knowledge and of which they had reasonable trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed." Brinegar v United States
In mathematical terms, probable cause exists if there is more than what percent, of certainty that suspect committed the offense or that items sought can be found in a certain place