Chapter 1: Probable Cause Flashcards Preview

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Flashcards in Chapter 1: Probable Cause Deck (9)
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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


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

50 percent


probable cause is likely to be strengthened by?

quantity, in addition to quality, meaning that the more articulable reasons an officer has, the greater the likelihood that probable cause will be found by courts