Chapter Three – Probable Cause and Reasonable Suspicion Rolando V. del Carmen

Probable Cause and Reasonable Suspicion  Probable Cause –Defined Brinegar v. United States (1949) –“Man of Reasonable Caution” United States v. Ortiz (1975) Maryland v. Pringle (2003)

Probable Cause and Reasonable Suspicion  Probable Cause –Practical Definition- >50% Certainty –Definition is the Same for All Areas of Police Work –Arrest of Persons versus Search & Seizure of Property

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 Whiteley v. Warden (1971) United States v. Ventresca (1965) –What Can Be Used to Establish Probable Cause

Probable Cause and Reasonable Suspicion  Probable Cause (cont.) –How Probable Cause Is Established United States v. Harris (1971) 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 Aguilar v. Texas (1964) Spinelli v. United States (1969) Two-Pronged Test Reliability of the informant Reliability of the informant’s information McCray v. Illinois (1967)

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 –McCray v. Illinois (1967) –Information given by an ordinary citizen –Information given by another police officer –“Stale” information – Sgro v. United States (1932) – United States v. Leon (1984)

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 Level of Proof 100% Type of Proceeding 0%

Probable Cause and Reasonable Suspicion Probable Cause & Reasonable Suspicion Compared Legal definition: Brinegar v. U.S. No good legal definition given by the Court Practical definition: “More likely than not” Practical definition: mere suspicion Sufficient for arrestSufficient 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 – Ornelas et al. v. United States (1996)