probable cause and reasonable suspicion probable cause –practical definition- >50% certainty...
TRANSCRIPT
Chapter Three – Probable Cause and Reasonable Suspicion
Rolando V. del Carmen
Probable Cause and Reasonable Suspicion
Probable Cause – Practical Definition- >50% Certainty – Definition is the Same for All Areas of Police
Work:– Searches and seizures with and without warrant– Arrests with and without a warrant
Probable Cause and Reasonable Suspicion
Probable Cause (cont.) – With a Warrant versus without a Warrant– Advantages of Obtaining a Warrant– Determining Probable Cause– Establishing Probable Cause by What Is Found
after an Illegal Act – What Can Be Used to Establish Probable Cause
Probable Cause and Reasonable Suspicion
Probable Cause (cont.) – How Probable Cause Is Established
• An Officer’s Own Knowledge of Facts and Circumstances
– Sight
– Hearing
– Smell
– Touch
– Taste
Probable Cause and Reasonable Suspicion
Probable Cause (cont.) – How Probable Cause Is Established
• Information Given by an Informant – Informant Engaged in Criminal Activity
• Two-Pronged Test
• Reliability of the informant
• Reliability of the informant’s information
Probable Cause and Reasonable Suspicion
Probable Cause (cont.) – How Probable Cause Is Established
• Information Given by an Informant Not Engaged in Criminal Activity
• The Importance of the Identity of the Informant – Information given by an ordinary citizen– Information given by another police officer– “Stale” information
Probable Cause and Reasonable Suspicion
Probable Cause (cont.) – How Probable Cause Is Established
• Information plus Corroboration
• Probable Cause and Motor Vehicle Passengers
Probable Cause and Reasonable Suspicion
Reasonable Suspicion– Defined– The Totality of Circumstances
Probable Cause and Reasonable Suspicion
Absolute certainty
Guilty beyond a reasonable doubt
Clear and convincing evidence
Probable cause
Preponderance of the evidence
Reasonable suspicion
Suspicion
Reasonable doubt
Hunch
None
Not required in any legal proceeding
Convict an accused; Prove every element of a criminal act
Denial of bail in some states and insanity defense in some states
Issuance of warrant; search, seizure, and arrest without warrant filing of an indictment
Winning a civil case; affirmative criminal defense
Stop and Frisk by police
Start a police or grand jury investigation
Acquit an accused
Not sufficient in any legal proceeding
Not sufficient in any legal proceeding
Level of Proof 100% Type of Proceeding
0%
Probable Cause and Reasonable Suspicion
Probable Cause & Reasonable Suspicion Compared
Practical definition: “More likely than not”
Practical definition: < probable cause, but > mere suspicion
Sufficient for arrest Sufficient for stop and frisk, but not for arrest
After arrest, officer may search arrested person &
immediate vicinity
After valid stop, officer can frisk suspect if there is fear for officer’s
safety
Sufficient for issuance of warrant
Not sufficient for issuance of warrant
Probable Cause and Reasonable Suspicion
Appealing a Finding of Probable Cause or Reasonable Suspicion
