Two police officers applied for a warrant to Two police officers applied for a warrant to search the defendant‘s home for narcotics. search the defendant‘s home for narcotics. Their affidavit recited that: Their affidavit recited that: “Affiants have “Affiants have received reliable information from a received reliable information from a credible person and do believe that credible person and do believe that heroin, marijuana, barbiturates and heroin, marijuana, barbiturates and other narcotics and narcotic other narcotics and narcotic paraphernalia are being kept at the paraphernalia are being kept at the above described premises for the above described premises for the purpose of sale and use contrary to the purpose of sale and use contrary to the provisions of law.” provisions of law.” The search warrant wasThe search warrant was

issued and narcotics were found.issued and narcotics were found.

The affidavit did not provide facts on whichThe affidavit did not provide facts on whichprobable cause could be based. The probable cause could be based. The

evidence was tossed out!evidence was tossed out!

The judge The judge mustmust be informed of some of be informed of some of the underlying circumstances on which the underlying circumstances on which the informant based conclusions and the informant based conclusions and some of the underlying circumstances some of the underlying circumstances from which an officer concluded that the from which an officer concluded that the informant, informant, whose identity need not be whose identity need not be discloseddisclosed, was credible or that his , was credible or that his information was reliable.information was reliable.

In the early morning hours in a high crimeIn the early morning hours in a high crimeneighborhood, a reliable informant told a neighborhood, a reliable informant told a

police officer that the defendant was police officer that the defendant was seated in a nearby car and possessed seated in a nearby car and possessed narcotics and a weapon. The officer narcotics and a weapon. The officer approached the car and asked the approached the car and asked the defendant to get out. The defendant defendant to get out. The defendant rolled down the window instead. When he rolled down the window instead. When he did so, the officer reached into the car and did so, the officer reached into the car and removed the gun from the defendant‘s removed the gun from the defendant‘s waistband, although he couldn’t see it. waistband, although he couldn’t see it.

In layman’s terms, how will In layman’s terms, how will you you define Probable Cause define Probable Cause for a jury.for a jury.

A A reasonable personreasonable person would would

believe: believe: –that a crime has been that a crime has been committedcommitted

–that the person to be that the person to be arrested has committed arrested has committed that crime that crime

Absolute Certainty

Probable Probable CauseCause

(Articulable) (Articulable) Reasonable Reasonable SuspicionSuspicion

Possibility / Hunch

Proof Beyond a Reasonable

Doubt

Test for Probable CauseTest for Probable Cause

The focus in determining The focus in determining probable cause is not on the probable cause is not on the certaintycertainty that a crime was that a crime was committed, but on the committed, but on the likelihoodlikelihood of of it. it.

Don’t have to be Don’t have to be RIGHTRIGHT; ; but,but, you you do have to be do have to be REASONABLEREASONABLE

How many times the How many times the C.I. has provided C.I. has provided

reliable inforeliable info Did they see the Did they see the

contraband, and when?contraband, and when? Tell a story that Tell a story that

includes P.C. involving includes P.C. involving the C.I.the C.I.

If the C.I. is not reliable If the C.I. is not reliable – you must show they – you must show they

are supervised and are supervised and through what methodsthrough what methods

The police received a tip from an The police received a tip from an anonymousanonymous caller, who reported that a young black caller, who reported that a young black male standing at a particular bus stop and male standing at a particular bus stop and wearing a plaid shirt was carrying a gun. wearing a plaid shirt was carrying a gun. Officers went to the bus stop and saw three Officers went to the bus stop and saw three black males, one of whom, the defendant, black males, one of whom, the defendant, was wearing a plaid shirt. The officers had was wearing a plaid shirt. The officers had no reason to suspect any of the three of no reason to suspect any of the three of illegal conduct other than the anonymous illegal conduct other than the anonymous report. One officer frisked the defendant report. One officer frisked the defendant and seized a gun from his pocket. The and seized a gun from his pocket. The officers arrested the defendant.officers arrested the defendant.

An officer An officer cannotcannot base reasonable base reasonable suspicion on an suspicion on an anonymous tip anonymous tip alone. The officer must be able alone. The officer must be able to particularly articulate to particularly articulate something about the suspect to something about the suspect to individualize the suspicion. individualize the suspicion.

What could the officers What could the officers have done differently? have done differently?

INFORMATION GENERATED FROM INFORMATION GENERATED FROM CITIZEN COMPLAINTSCITIZEN COMPLAINTS

INFORMANT INFORMATIONINFORMANT INFORMATION INFORMATION PROVIDED BY INFORMATION PROVIDED BY

OTHER OFFICERS OR AGENCES OTHER OFFICERS OR AGENCES ““SPIN OFFS” FROM OTHER SPIN OFFS” FROM OTHER

CASES CASES DEFENDANT WHO MAY DEFENDANT WHO MAY

COOPERATE IN HIS/HER COOPERATE IN HIS/HER OWN CASE OWN CASE

SURVEILLANCE OF SURVEILLANCE OF SUSPECT/LOCATIONSUSPECT/LOCATION

DEVELOPMENT OF A DEVELOPMENT OF A CONFIDENTIAL INFORMANTCONFIDENTIAL INFORMANT

INDEPENDENT SOURCES OF INDEPENDENT SOURCES OF INFORMATIONINFORMATION

COURT RECORDSCOURT RECORDS OTHER OFFICERSOTHER OFFICERS OTHER INFORMANTSOTHER INFORMANTS

BODY TRANSMITTERSU/C VEHICLESTAPE RECORDERSSTILL CAMERASVIDEO CAMERASNIGHT VISION EQUIPMENTBINOCULARSNARCOTIC FIELD TESTS KITS

SECURED-CHANNEL 2 WAY RADIOS EVIDENCE TAGS AND BAGS ENTRY TOOLS FOR SEARCH

WARRANT EXECUTIONS BUY FUNDS

IS A PERSON WHO, THROUGH IS A PERSON WHO, THROUGH ANONYMITY,PROVIDES ANONYMITY,PROVIDES INFORMATION OR ASSISTANCE INFORMATION OR ASSISTANCE ABOUT CRIMINAL ACTIVITY TO ABOUT CRIMINAL ACTIVITY TO LAW ENFORCEMENT AGENCIES.LAW ENFORCEMENT AGENCIES.

A PURCHASE OF DRUGS BY A A PURCHASE OF DRUGS BY A CONFIDENTAL INFORMANTCONFIDENTAL INFORMANT

A PURCHASE OF DRUGS MADE BY A PURCHASE OF DRUGS MADE BY A POLICE OFFICER ACTING IN AN A POLICE OFFICER ACTING IN AN UNDERCOVER ROLEUNDERCOVER ROLE

MOST PREFERRED TYPE BY MOST PREFERRED TYPE BY THE COURTS THE COURTS

THE ARREST OF A SUSPECT THE ARREST OF A SUSPECT IMMEDIATELY FOLLOWING A IMMEDIATELY FOLLOWING A DRUG PURCHASE BY AN DRUG PURCHASE BY AN UNDERCOVER OFFICER OR BY A UNDERCOVER OFFICER OR BY A CONFIDENTIAL INFORMANTCONFIDENTIAL INFORMANT

DRUG PURCHASE OF NARCOTICS DRUG PURCHASE OF NARCOTICS MADE BY UNDERCOVER OFFICER MADE BY UNDERCOVER OFFICER OR CONFIDENTIAL INFORMANT OR CONFIDENTIAL INFORMANT AND ARREST WARRANT IS ISSUED AND ARREST WARRANT IS ISSUED AT A LATER DATE AT A LATER DATE

FEAR OF PUNISHMENTFEAR OF PUNISHMENT REVENGEREVENGE MONEYMONEY ““WANNABIES”WANNABIES” REPENTANCEREPENTANCE GOOD CITIZENGOOD CITIZEN LEARN POLICE LEARN POLICE

METHODOLOGYMETHODOLOGY

INDEPENDENT VERIFICATIONINDEPENDENT VERIFICATION DOCUMENTING INFORMATIONDOCUMENTING INFORMATION

ESTABLISH AN INFORMANT FILEESTABLISH AN INFORMANT FILECONTACT W/C.I. SHOULD BE IN CONTACT W/C.I. SHOULD BE IN

THE PRESENCE OF ANOTHER THE PRESENCE OF ANOTHER OFFICEROFFICER

OPPOSITE SEX ISSUESOPPOSITE SEX ISSUESNEVER MAKE PROMISES OF NEVER MAKE PROMISES OF

MONEY OR SENTENCE MONEY OR SENTENCE REDUCTIONREDUCTION

WRITTEN STATEMENTS OF PAST WRITTEN STATEMENTS OF PAST MISDEEDSMISDEEDS

JUVENILESJUVENILES ON PROBATION/PAROLEON PROBATION/PAROLE MULTIPLE CONVICTED FELONSMULTIPLE CONVICTED FELONS KNOWN TO BE UNRELIABLEKNOWN TO BE UNRELIABLE

SOCIALIZINGSOCIALIZING BUSINESS DEALINGSBUSINESS DEALINGS ROMANTIC RELATIONSHIPSROMANTIC RELATIONSHIPS

BUYSBUYS AMOUNTS OF DRUGS PURCHASEDAMOUNTS OF DRUGS PURCHASED AMOUNT OF MONEY SPENT ON AMOUNT OF MONEY SPENT ON

PURCHASESPURCHASES EVIDENCE TRACKINGEVIDENCE TRACKING COPIES OF PHOTOS/VIDEOSCOPIES OF PHOTOS/VIDEOS LAB ANALYSISLAB ANALYSIS KEEP ALL ORIGINALS IN CASE KEEP ALL ORIGINALS IN CASE

PACKAGEPACKAGE

CAN BE ABSORBED THROUGH THE CAN BE ABSORBED THROUGH THE SKINSKIN

ACTUAL COMPONENTS CAN BE ACTUAL COMPONENTS CAN BE HARMFULHARMFUL

““CUT” OR ADULTERANTS CAN BE JUST CUT” OR ADULTERANTS CAN BE JUST AS HARMFULAS HARMFUL

Terry v. Ohio, 1968

In In TerryTerry, the US Supreme Court upheld , the US Supreme Court upheld the authority of the police to stop or the authority of the police to stop or detain detain (or seize)(or seize) a person where the a person where the

officer observes unusual conduct officer observes unusual conduct which leads the officer reasonably to which leads the officer reasonably to

conclude, in light of his/her experience conclude, in light of his/her experience (including training)(including training), that criminal , that criminal

activity may be activity may be afootafoot..

““Terry Stop” vs. “Terry Frisk”Terry Stop” vs. “Terry Frisk”

Terry v. Ohio, 1968

A Terry StopA Terry Stop - an investigative detention of a - an investigative detention of a suspect. suspect. NotNot a search!  a search! 

Officers can conduct a Terry Stop with Officers can conduct a Terry Stop with reasonable reasonable (articulable/explainable) (articulable/explainable) suspicion suspicion

that criminal activity is that criminal activity is afootafoot.  . 

Officers can stop a suspect and investigate Officers can stop a suspect and investigate that person for a that person for a reasonablereasonable period of time.  period of time. 

Even though its Even though its notnot a formal arrest, it is a a formal arrest, it is a seizureseizure under the 4 under the 4thth Amendment. Amendment.

TerryTerry requires an officer to articulate a requires an officer to articulate a reasonablereasonable belief that a suspect is armed belief that a suspect is armed and poses a threat before the officer is and poses a threat before the officer is permitted to conduct a permitted to conduct a limitedlimited “Pat Down” “Pat Down” of the suspect’s outer clothing.of the suspect’s outer clothing.Just because I can “Terry Just because I can “Terry Stop” someone Stop” someone doesn’t doesn’t automatically give me the automatically give me the right to frisk them right to frisk them for a weaponfor a weapon..

“…“…Police must obey the law Police must obey the law while enforcing the law” while enforcing the law”

because “in the end, life and because “in the end, life and liberty can be as much liberty can be as much endangered from illegal endangered from illegal

methods used to convict those methods used to convict those thought to be criminals as thought to be criminals as from the actual criminals from the actual criminals

themselves.” themselves.” Spano v. New York,Spano v. New York, 360 360 U.S.315 (1959)U.S.315 (1959)

They discovered call records and stored They discovered call records and stored numbers that confirmed prior calls numbers that confirmed prior calls between Smith’s phone and the between Smith’s phone and the informant’s phone number. Smith was informant’s phone number. Smith was charged with possession of cocaine, charged with possession of cocaine, trafficking in cocaine, tampering with trafficking in cocaine, tampering with evidence and two counts of possession of evidence and two counts of possession of criminal tools. criminal tools. Should the evidence obtained from the Should the evidence obtained from the cell phone be suppressed?cell phone be suppressed?

……when the search is not necessary to when the search is not necessary to protect the safety of law enforcement protect the safety of law enforcement officers and there are no exigent officers and there are no exigent circumstancescircumstances… police must obtain a … police must obtain a search warrant for the phones data…search warrant for the phones data…

Suspect Demeanor or Reaction to OfficerSuspect Demeanor or Reaction to OfficerFlight is one factor to be considered.Flight is one factor to be considered.SibronSibron v. New York (1968) ~ “ v. New York (1968) ~ “Deliberately Deliberately

furtivefurtive actions and actions and flightflight at the approach of at the approach of strangers or law officers are strong indicia of strangers or law officers are strong indicia of mensmens rearea (a guilty mind), and when coupled (a guilty mind), and when coupled with with specificspecific knowledgeknowledge on the part of the on the part of the officer relating the suspect to the evidence of officer relating the suspect to the evidence of the crime, they are proper the crime, they are proper factorsfactors to be to be considered in the decision to make an considered in the decision to make an arrest.”arrest.”