“ Copyright © Allyn & Bacon 2008 Criminal Evidence Chapter Four: Doctrine of Justification This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program. Marjie Britz

“ Copyright © Allyn & Bacon 2008 Probable Cause Probable cause: amount of evidence necessary to cause a reasonable officer to believe that a suspect probably committed the crime Probable cause: amount of evidence necessary to cause a reasonable officer to believe that a suspect probably committed the crime Weigh difference between possibility and probability Weigh difference between possibility and probability “Reasonable Officer” similar training, background and experience, reach the same conclusion. “Reasonable Officer” similar training, background and experience, reach the same conclusion.

“ Copyright © Allyn & Bacon 2008 Reasonable Suspicion Reasonable suspicion: a standard which is less than probable cause, but one which is sufficient to authorize an investigative detention. Reasonable suspicion: a standard which is less than probable cause, but one which is sufficient to authorize an investigative detention. Search for Weapons during a police contact. Search for Weapons during a police contact.

“ Copyright © Allyn & Bacon 2008 Beyond a Reasonable Doubt Highest standard of proof Highest standard of proof Sometimes defined as "to a moral certainty" Sometimes defined as "to a moral certainty"

“ Copyright © Allyn & Bacon 2008 The Expectation of Privacy People have a right to privacy People have a right to privacy Not a direct Constitutional right, but can be inferred from Constitution Not a direct Constitutional right, but can be inferred from Constitution Also based on state and federal statutes, state constitutions and case law Also based on state and federal statutes, state constitutions and case law

“ Copyright © Allyn & Bacon 2008 Warrants 4 th Amendment: “warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized” 4 th Amendment: “warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized” Search warrants can only be issued upon a showing of probable cause Search warrants can only be issued upon a showing of probable cause “totality of the circumstances” test “totality of the circumstances” test

“ Copyright © Allyn & Bacon 2008 Staleness, Particularity and Vicinage Other important issues in issuance of search warrant: Other important issues in issuance of search warrant: Staleness: cannot be too much time between application for warrant / factors that lead to desire for warrant and the time of execution of the warrant. Staleness: cannot be too much time between application for warrant / factors that lead to desire for warrant and the time of execution of the warrant.

“ Copyright © Allyn & Bacon 2008 Staleness, Particularity and Vicinage Particularity: all warrants are required to identify with specificity and particularity the place to be searched, the items to be seized, and the criminal behavior in question. Particularity: all warrants are required to identify with specificity and particularity the place to be searched, the items to be seized, and the criminal behavior in question. Vicinage: warrants may only be issued by judicial officials bearing authority over the location in question. Vicinage: warrants may only be issued by judicial officials bearing authority over the location in question.

“ Copyright © Allyn & Bacon 2008 Types of Warrants Anticipatory search warrants: extremely unique in that they are issued prior to the arrival of the evidence in a particular location Anticipatory search warrants: extremely unique in that they are issued prior to the arrival of the evidence in a particular location often used in narcotics cases (drugs to be delivered) often used in narcotics cases (drugs to be delivered) Sneak-and-peak warrants: issued in situations in which law enforcement officers gain surreptitious entry into areas where a reasonable expectation of privacy exists (e.g. residences, offices) place cameras, GPS, or to look but not disturb evidence. Sneak-and-peak warrants: issued in situations in which law enforcement officers gain surreptitious entry into areas where a reasonable expectation of privacy exists (e.g. residences, offices) place cameras, GPS, or to look but not disturb evidence.

“ Copyright © Allyn & Bacon 2008 Types of Warrants – cont. No-knock warrant: requires demonstration of the potential for of circumvention of justice or threat to human life. (Historically was to avoid confrontations.) No-knock warrant: requires demonstration of the potential for of circumvention of justice or threat to human life. (Historically was to avoid confrontations.) Nighttime search warrants: most warrants are executed during daylight hours (6am – 10pm) for a variety of reasons, but nighttime warrants are allowable. Nighttime search warrants: most warrants are executed during daylight hours (6am – 10pm) for a variety of reasons, but nighttime warrants are allowable.