Crim Pro

4th Amendment requires that a search or arrest warrant be issued only based on probable cause

Must be more likely than not that a violation of the law has been committed and that the person to be arrested committed the violation.

It must be more likely than not that the specific items to be searched for are connected with criminal activities and that those items will be found in the place to be searched.

Places in which the suspect has a reasonable expectation of privacy. Reasonable expectation of privacy is present if two tests are met:

1. There is an actual, subjective expectation of privacy in the area, and

2. the expectation must be one which society recognizes as reasonable.

Police don't  violate the 4th Amendment when they see an object in plain view from a position in which they have a right to be.

Must be issued by a neutral judicial officer and must contain a description of the premises to be searched and the things to be seized.

Normally

Citizens have a reasonable expectation of privacy against police intrusion.

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Proof beyond a reasonable doubt

(1) what was a reasonably prudent police officer entitled to believe, and

(2) upon the basis of his belief what was he to do?

'Probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.' The decisive factors are that all the circumstances are to be considered together, in a sum total; that the circumstances to be considered are those of the moment; that the impression to be evaluated is the impression upon the mind of a reasonably prudent police officer; and that the impression made upon him by the circumstances is a reasonable belief that a crime has been, is being, or is about to be committed.

See Dixon v. U.S.296 F.2d 427

"In dealing with probable cause, . . . as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act." Brinegar v. United States, supra, at 175.

• Absolute Conviction
• Reasonable Articulable Suspicion -same level-  Stop and Frisk
• Suspicion
• Hunch
• Zero

Used to be treated differently than all the others. - Aguilar-Spinelli Test

1. How does the informant know the information he/she is sharing?

2. Why should this informant be deemed reliable?

1. Fruits of the crime (rob a bank, the money is the fruit)

2. instruments of the crime (weapons and car)

3. evidence of the crime (oj simpson - the glove)

4. Contraband (something ordinary citizens can't have. i.e. nuclear weapons)

Vantage point of trained officer: Depends on type of policeman, officer could be in drug dept, homicide, auto theft, etc. 

Looks at totality of circumstances

Whether a reasonable person can find that crime has been committed

Evidence of crime is in a place I want to search

You can only search if the arrest is legal. If illegal, all evidence is inadmissible.

You don't need to have a warrant to search, but you do need probably cause.

A person is seized when they would reasonably feel that their freedom of movement is restrained by physical force.

Includes when you halt to an officer's comand

Any evidence obtained from an invalid arrest will be excluded from trial

Illegally seized evidence can be used in grand jury hearing, preliminary hearing, bail proceedings, and sentencing, but not at trail.

When motioning to suppress, the Burden is on the defendant to show that the government has no probably cause.

A court order to arrestor search a person or place

When a warrant is issued there are many copies

Must describe person in detail

Must state place to be searched and what is being looked for

Must have a signed affidavit

Only the info within the 4 corners of the affidavit will be used to determine whether or not the officer has probable cause. 

Anything not in the 4 corners will not be used

• Professional Tipster 
• Reliability of tipster is often established by an allegation in the affidavit that on a specified number of occasions the tipster gave information to the police about criminal activity, which information the police found to be true

Informant is usually a criminal

The information is usually given for payment, concession, or revenge against subject

• Citizen Informant
• An ordinary citizen who reports a crime which has been committed is evaluated from the nature of her report, her opportunity to hear and see the matters reported, and the extent to which it can be verified by independent police investigation

When an officer receives a report from an out of court declarant it is called hearsay. 

Hearsay is when an out of court declarant tells the police officer what he saw and the officer has no first hand knowledge and he relies on the information orally or written. If the officer has first hand knowledge then it is not hearsay

• Old Test
• Aguilar and Spenelli - applies only to professional informants

• New Test
• Gates Test - juge looks at totality of circumstances

Two Prong Test

1. How does informant know information? Need to be satisfied that informant has 1st hand personal knowledge, or informant has really specific details

2. Why is this person or information reliable? Goes into credibility of informant (i.e. has been used before, has good track record)

Ex. Draper v. U.S. would not have passed the two prong test

Totality of the circumstances

“Credibility/reliability” and “basis of knowledge” of an informant are very relevant in determining the value of a tip. These elements alone do not form the entire basis of inquiry in deciding whether probable cause exists. So long as the magistrate had a substantial basis for concluding a search would uncover evidence of wrongdoing, the Fourth Amendment is not violated.