Share
Explore BrainMass

Arrest, Search Warrants, and Probable Cause

Mr. A walks into a police station, drops three wristwatches on a table, and tells an officer that Mr. B robbed a local jewelry store two weeks ago. Mr. A will not say anything else in response to police questioning. A quick investigation reveals that the three watches were among a number of items stolen in the jewelry store robbery. Do the police have probable cause to do any or all of the following?
1. Arrest Mr. A
2. Arrest Mr. B
3. Search Mr. A's home
4. Search Mr. B's home

Solution Preview

The guiding principal here is: Has probable cause been established to take state action against suspected criminal activity.

Probable cause to ARREST "exists where 'the facts and circumstances within [the officer's] knowledge and of which they [have] reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that' an offense has been or is being committed by the person to be arrested." Brinegar v. U.S., 338 U.S. 160, 175-76, 69 S. Ct. 1302, 1311, 93 L. Ed. 1879, 1890 (1949).

Probable cause to SEARCH "exists where 'the facts and circumstances within [the officer's] knowledge and of which they [have] reasonably trustworthy information [are] sufficient in themselves to warrant a ...

Solution Summary

Arrest, Search Warrants, and Probable Cause are featured topics.

$2.19