Dissipating Probable Cause
Probable Cause for arrests or arrest warrants __________dissipate with the passage of time.
What is Does Not?
A call for a robbery comes through. The description of the suspect is a male wearing a purple shirt with a white beard. An officer spots a man matching that description running near the location of the crime. Can you arrest him?
No, you can detain him.
_________is the basis upon which all arrests, and searches and seizures are judged.
What is Probable Cause?
During a speeding trial, an officer testifies: "Earlier in the day, I saw the defendant steal from 7-Eleven."
What is relevance?
Name 3 reasons why a juvenile may be detained prior to their court date.
Threat to another
Threat to self
Threat to property
Prior run away/Escapee
Record of FTA
From another state
Probable case for searches and search warrant _______dissipate with the passage of time.
What is does?
An officer observes a vehicle driving recklessly. They are able to clearly see the driver. The officer initiates their lights and sirens and attempts to conduct a traffic stop. The officer loses sight of the vehicle and was unable to relocate the vehicle. The next day the officer sees the same vehicle with the same driver parked in a parking lot. Can they arrest the driver without a warrant, for reckless driving from the day before?
Yes.
_________is evidence not based upon actual personal knowledge or observation but drawn from inferences and assumptions.
What is Circumstantial Evidence?
An officer testifies: "The victim told me he hit her."
What is hearsay?
Name 3 types of privilege.
Spousal Testimony/Marital Communications
Attorney/Client
Physician/Patient
Clergy/Penitent
Police/Informant
What is 15?
A civilian witness observes their neighbor "expose" themself on Monday. On Wednesday the witness sees a patrol officer in their neighborhood and tells them what happened on Monday. The neighbor then exits their house and the civilian shouts, "arrest him!" Can the officer arrest him without a warrant?
No.
______is an out of court statement offered to prove the truth of the matter asserted.
What is hearsay?
In a possession of a firearm by felon case, an officer attempts to admit a gun into evidence that another officer saw and recovered.
What is lack of foundation (chain of custody)?
This doctrine allows an illegally seized item, that would have been found anyway through legal means, to be admitted into evidence.
What is the inevitable discovery doctrine?
True or False: Probable cause is a lower standard than reasonable suspicion?
What is False.
An officer responds to a domestic call. By the time the officer arrives, the parties have been separated by neighbors. The victim tells them the suspect attacked her, punching her in the face and strangling her. The officer observes injuries to the victim's face and red marks around her neck. The suspect has no apparent injuries and refuses to talk to officers. Can they arrest him for strangulation without a warrant?
Yes.
__________ is a spontaneous or impulsive statement prompted by a startling event or condition made by a declaration with firsthand knowledge at a time and under circumstances negating deliberation.
What is an excited utterance?
In a malicious wounding case an officer testifies that his partner collected a firearm, and he believes it was loaded, because who in the World carries an unloaded firearm?
What is speculation?
If a juvenile is in custody, what is the timeframe in which the case must be tried?
What is 21 days?
A search warrant that is no longer supported by probable cause due to a lapse in time is called ________.
What is stale?
An officer is on bike patrol when he comes into contact with a man who appears to be covered in blood and dirt. The man yells, "I did it, I killed him." He then refuses to make any more statements. Can you arrest him for murder?
No.
_______establishes proof that an item of evidence offered in Court is the same evidence found at the crime scene and has been altered or tampered with.
During a drug distribution case an officer testifies: "the drugs are not consistent with personal use because it looks like a lot of drugs."
What is improper opinion?
Name 4 elements that may help establish probable cause.
Flight, Furtive movements, unreasonable explanations, evasive answers, unusual or suspicious conduct, reported crimes, high crime areas, time of day, suspects past record, etc.