3-3-08 - Criminal Procedure 3/3/08 Chapter 5 The magistrate...

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Unformatted text preview: Criminal Procedure 3/3/08 Chapter 5 The magistrate is always the one to give probable cause to cases whether a warrant was issued or not Draper v US pg 154 Facts Police were given a description of a man pushing narcotics from a reliable source that commonly gave police info and was receiving money for it The police waited for the man to get off the train that the informant said and matched his description so the officers arrested him During the search after the arrest they found two envelopes containing heroin and a syringe Question Does an informant’s corroborated information amount to probable cause to arrest? • Yes Reason The info was enough because the informant helped the police before and was very reliable so the information was creditable and led to probable cause The detailed physical description was corroborated by the police along with actions of the suspect and what he was carrying Speneli agunor test Four prong test Veracity Basis of knowledge US v Watson Facts...
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This note was uploaded on 04/03/2008 for the course CRJ 205 taught by Professor Reisner during the Spring '08 term at Rutgers.

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3-3-08 - Criminal Procedure 3/3/08 Chapter 5 The magistrate...

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