Standard of probable cause and use a substantial

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(standard of probable cause) and use a substantial basis for concluding that probable cause existed a. Bring before a neutral and detached magistrate instead of being judged by the officer making a neutral observer decide if probable cause and specificity requirement is satisfied iii. Probable cause to search 1. Determined by fair probabil ity that the area of object searched contains evidence of a crime iv. Probable Cause to arrest 9
1. Fair probability to believe the person has committed a crime a. Can be both or one i. Search and arrest 1. ex. Probably cause that the package in D’s suitcase had contraband, after search D was arrested for narcotics ii. arrest 1. ex. Probable cause D robbed a bank 5 years ago but D’s briefcase may not have evidence of a bank robbery 5 years ago a. even though police are mistake, probably cause for arrest is not accuracy but fair probability v. Dog Sniffs 1. Is it sufficient? a. Not enough to say dog is trained and certified b. Must demonstrate reliability, certification records, performance records, experience with trainer handling dog vi. Probable cause for an Arrest different from the charge on which the D was arrested 1. Those lawfully arrested whom the facts are known to the arresting officer gives probable cause to arrest a. Subjective intent determined by objective means vii. Collection of Knowledge 1. Officers called to assist arrest warrants are entitled to assume that the officers requesting aide had probable cause and gave the magistrate information to support probable cause 2. Once an officer establishes probable cause for an arrest, anyone can arrest D a. Assumption warrant is valid 3. Searches same assumption viii. Staleness of Information 1. If Officer’s information is dated look to: a. Look to Totality of the Circumstances i. Veracity/basis of knowledge/Fair probability 1. Maturity of the information 2. Nature of the suspected crime 3. Habits of the accused 4. Character of items sought 5. Nature and function of the premises search a. Unlikely/likely to be suddenly abandoned ix. 1 st Amendment Concerns 1. Enough to show fair probability area searched contains evidence of a crime k. Probable Cause, Specificity and Reasonableness 10
i. Warden v. Hayden 1967 •• 1. Mere evidence rule – evidence beyond the scope of the original crime overruled by Warden v Hayden – allowed expanded searching for law enforcement for searching with or without a warrant- Pro Prosecution Effect a. Allowed searches on innocent 3 rd parties home or office, can be spread far and wide bc instrumentalities and fruits can be often kept with other perpetrators 2. Intrusions are made after fulfilling probable cause and particularity requirements of 4 th amendment and after the intervention of a neutral and detached magistrate a. No viable reason to distinguish between mere evidence and from intrusions to secure fruits, instrumentalities, or contraband – can take anything they think to be valuable to proving a crime was established – means and stolen property i. Instrumentalities 1.

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