2. Probable Cause Session 46

3. Probable Cause Probable cause to arrest exists where the facts and circumstances within the officer’s knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed by the person to be arrested.

4. Probable Cause to Search Probable cause to search exists where the facts and circumstances within the officer’s knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that certain items are contraband or fruit, instrumentalities, or evidence of a crime, and these items are in a particular place or on a particular person

5. How P/C Develops What the officer personally perceives What someone else perceives and relays to the officer

6. Indications Supporting P/C –Flight –Furtive Conduct –Real (Physical) Evidence –Admissions –False/Implausible Answers –Presence at Crime Scene or High Crime Area –Association with known criminals –Past Criminal Conduct –Facts Arising During Investigation/Detention

7. Exclusionary Rule

8. Requires that any evidence obtained by police using methods that violate a person’s constitutional rights must be excluded from use in a criminal prosecution

9. Legal right of a person to judicially challenge the conduct of another person or the government What gives standing? –A constitutional violation OF THAT PERSON Standing

10. Fruit of the Poisonous Tree Requires exclusion of evidence that is obtained indirectly as a result of a constitutional violation.

12. Removing Taint Independent source- –allows the admission of tainted evidence if that evidence was also obtained through a source wholly independent of the constitutional violation

13. Attenuation- –where tainted evidence would not have been discovered except through the constitutional violation, the evidence may still be admissible if the means of obtaining the evidence were sufficiently remote from the constitutional violation

14. Inevitable Discovery –Evidence that would have been excluded will be admitted if the evidence would have been inevitably discovered in the normal course of events.

15. NO “GOOD FAITH” EXCEPTION IN TENNESSEE