Term
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Definition
| PC exists where the officers at the moment of arrest have facts and circumstances available to them that would "warrant a man of reasonable caution in the belief" that an offense has/is committed |
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Term
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Definition
| A seizure under the 4th amend.; an individual person against his or her will, comes under the total physical control of a gov't agent. No warrant shall issue, but upon probable cause |
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Term
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Definition
| Court approved the constitutionality of warrantless arrests, holding that the 4th amendment reflected the ancient common-law rule that a law enforcement official had the power to arrest w/o a warrant, given the presence of PC. |
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Term
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Definition
| Where the facts and circumstances withing the officer's knowledge are sufficient in themselves to warrant a prudent person of reasonable caution in believing that a particular person is committing or has committed a particular offense. More than a hunch, but below BRD. |
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Term
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Definition
| Reasonable person standard; Not just a hunch, but not BRD. |
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Term
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Definition
| Informant of known reliability gave excellent information concerning drug trafficking and a law enforcement official corroborated the facts. Information was probable cause to arrest because of its detail and reliable source. |
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Term
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Definition
| Established two-pronged test for evaluating an informant's information. 1. Basis of knowledge 2. Veracity-track record. Must include both in affidavit |
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Term
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Definition
| Replaced Aguilar two prong test with a totality of the circumstances test. Lowered the level of reliability demanded of an informant by allowing a weak showing of believablitiy to be cured by facts showing minute details that would be known only by one close to the situation. |
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Term
| Totality of Circumstances Test |
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Definition
| The officer needs to make a practical, common-sense determination of whether, considering all the information available, probable cause to arrest exists, while giving due consideration to the informant's information. |
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Term
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Definition
| The judicial determination of probable cause must generally be made within 48 hours after a warrantless arrest |
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Term
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Definition
| Once the statute of limitations has expired, probable cause no longer exists, and the person may not be arrested. |
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Term
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Definition
| Determined that the search following the arrest was valid and that the marijuana was properly introduced against Evans. Even though probable cause was considered stale, in most cases it does not become a legal issue |
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Term
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Definition
| Court order directed toward law enforcement officers to take into custody a particularly described individual. |
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Term
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Definition
| Requires PC and an arrest warrant (Coolidge v. New Hampshire, Payton v. New York) |
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Term
| Arrests at 3rd party residence |
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Definition
| PC and search warrant required. Can use evidence in plain view. |
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Term
| Exceptions to warrant requirement |
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Definition
| Exigent circumstances, evidence destruction, hot pursuit (must be continuous), casual visitors, trespassers(park or abandoned house) |
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Term
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Definition
| Arrested for bookie reputation alone. Reputation is not enough, must require PC (established minimum) |
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