Fourth Amendment And Probable Cause

By the end of this presentation you should be able to understand; ◦Fourth Amendment of the U.S. Constitution ◦How the Constitution limits police behavior ◦Sources of Probable cause ◦How to define the following terms  Searches and Seizures  Probable Cause  Reasonable Searches

Term Defined Searches and Seizures ◦The legal term that generally refers to the searching and the confiscating (taking) of evidence by law enforcement officers.

Term Defined Probable Cause – ◦Reasonable ground to believe the existence of facts warranting certain actions, such as the search or arrest of a person.

Term Defined Reasonable – ◦In the context of criminal law, an action by a law enforcement officer that is appropriate under the circumstances.

Probable Cause It is all about boundaries; ◦In Michigan v. Fisher, the Supreme court did not address whether Fisher was guilty or innocent of the weapons charges against him. That was for a trial court to decide.

Probable Cause Rather, the Court ruled that Officer Goolsby had not overstepped the boundaries of his authority in entering and searching Fisher’s home. (which falls under the Fourth Amendment of the Constitution)

Probable Cause To understand boundaries, law enforcement officers must understand the ◦Fourth Amendment of the United States

Fourth Amendment The right of the people to be secure in their; ◦Persons ◦Houses ◦Papers and affects Against unreasonable searches and seizures,

Fourth Amendment shall not be violated, and no Warrants shall issue, but upon probable cause, ◦supported by Oath or affirmation ◦particularly describing the  Place to be searched and the  Persons or things to be seized.

Two Critical Legal Concepts A prevention against unreasonable searches and seizures And the requirement of probable cause to issue a warrant

Reasonable Searches verse Probable Cause For an officer to reasonable search a suspect, their premises (or automobile) and seize any evidence found during that search, the officer must first; ◦Establish that probable cause exists that the person committed a crime ◦Product a document called a warrant from a judge, stating that probable cause exists.

Probable Cause Exists if there is a substantial likelihood that a ◦Crime was committed ◦The suspect committed that crime

Probable Cause Probable cause involves a likelihood – not just a probability that the suspect committed the crime And the officer can conduct searches and seizures without a warrant from a judge under certain circumstances  Incident to an arrest  Consent searches

Probable cause Suspicion does not equal probable cause The burden of probable cause requires more than mere suspicion on a police officer’s part. The officer must know of facts and circumstances that would reasonably lead to the belief that an offense has been or is being committed.

Probable Cause Sources Personal observations – based on training, experience, expertise Information- eyewitnesses, informants, bulletins or broadcasts (believed to be reliable) Plain view evidence In unique cases, persons who associate with others where there is criminal activity, officers may have grounds to stop, however it is not generally used to establish probable cause.

End or has a tab for completion of this written assignment A Probable Cause question will be on the next test.