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CP Lesson 3: Probable Cause, Warrants & Arrests

CP Lesson 3: Probable Cause, Warrants & Arrests. Probable Cause under the Fourth Amendment Meaning Means of establishing Cases Warrants Primarily interested in arrests here Cases Executing arrests with warrants. Probable Cause under the 4 th Amendment. Definition

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CP Lesson 3: Probable Cause, Warrants & Arrests

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  1. CP Lesson 3: Probable Cause, Warrants & Arrests • Probable Cause under the Fourth Amendment • Meaning • Means of establishing • Cases • Warrants • Primarily interested in arrests here • Cases • Executing arrests with warrants

  2. Probable Cause under the 4th Amendment • Definition • Legal – Brinegar v. US (1949) • Practical = > 50% • The Reasonable Person • When needed • Arrests w/ warrant • Arrests w/out warrant • Searches and seizures w/ warrant • Searches and seizures w/out warrant

  3. Probable Cause under the 4th continued • Probable Cause for Arrest vs. Search & Seizure • Arrest, the concern is twofold • Whether an offense has been committed, AND • Whether the suspect did in fact commit the offense • Search and Seizure, also two • Whether the item to be seized is connected with criminal activity (contraband) AND • Whether it can be found in the place to be searched

  4. Probable Cause and the 4th continued • Four types of information may be used to establish probable cause: • Facts obtained from criminal, unidentified, or anonymous informants (e.g. hearsay) • Facts obtained from above, but with corroborative (follow up) police investigation • Facts obtained from non-criminal informants (e.g. witnesses and victims) • Facts obtained by officers w/ their own senses

  5. Probable Cause under the 4th, continued • Cases • Draper v. US (1949) • Aguilar v. TX (1964)/Spinelli v. US (1969) • First prong – informant reliability • Second prong – information is reliable • Illinois v. Gates (1983)

  6. Warrants (Arrest) • Preference for and why • When not needed • US v. Watson (1976) • When needed • Payton v. NY (1980) • Arrests with Warrants • Issuance of Warrant • “Knock and Announce” – Cases • Wilson v. Arkansas (1995) • Hudson v. Michigan (2006) • Exigent Circumstances exception • Brigham City v. Stuart (2006)

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