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Arrest Search Warrants, and Probable Cause

Assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also has probable cause to believe that the person is hiding in a third person's garage, which is attached to the house.

1.What warrants, if any does the officer need to enter the garage to arrest the defendant?
2. What if the defendant is known to be injured and unarmed?
3. Provide evidence to support your answer!

Solution Preview

We start again with the guiding principles:

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 man of reasonable caution in the belief that' an item subject to seizure will be found in the place to be searched." U.S. v. Garza-Hernandez, 623 F.2d ...

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