1. Fourth Amendment
And Probable Cause

2. 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

3. 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

4. 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

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

6. 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

7. 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

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

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

10. 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.
Fourth Amendment

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

12. 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.

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

14. 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

15. 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

16. 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.
Probable Cause Sources

17. www.turnitin.com has a tab for completion of this written assignment.
May also have a question. (verify with Mr. Reid)
A Probable Cause question will be on the next test.
End