Probable Cause
Not what you're looking for?
1. 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. What warrants, if any, does the officer need to enter the garage to arrest the defendant? What if the officer is in hot pursuit of the defendant? What if the defendant is known to be injured and unarmed? Provide evidence to support your answer.
2. Formulate a set of circumstances in which there is probable cause to search but not probable cause to arrest; in which there is probable cause to arrest but not probable cause to search; in which there is probable cause to both arrest and to search.
3. 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?
Arrest Mr. A
Arrest Mr. B
Search Mr. A's home
Search Mr. B's home
Purchase this Solution
Solution Summary
Probable Cause is discussed in great detail in this solution.
Solution Preview
1. 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. What warrants, if any, does the officer need to enter the garage to arrest the defendant? What if the officer is in hot pursuit of the defendant? What if the defendant is known to be injured and unarmed? Provide evidence to support your answer.
The term probable cause comes from the Fourth Amendment of the US Constitution, wherein, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"
If a law enforcement officer has probable cause to arrest a defendant for armed assault and he has probable cause to believe that that person is hiding in a third person's garage then there the law enforcement officer needs to get two warrants, one to arrest the defendant and second to enter the third persons' garage to arrest the defendant. (Illinois v. Gates 1983).
If the officer is in hot pursuit then first, the officer has to establish that there is a police chase (United States v. Winsor ). Then the police may enter and arrest the person.
In case the defendant is known to be injured and unarmed, the police needs to secure a warrant to enter the house and a warrant to ...
Purchase this Solution
Free BrainMass Quizzes
Title VII
This Quiz pertains to the spectrum of Human Rights through Title VII
Contract Requirments
How much do you know about the legal requirements for a contract? Find out with this quiz!
Evidence
Do you know your evidence objections? Find out with this quiz!
Criminal Defenses Review
Test your knowledge of the basics of criminal law and defenses with this quiz.
Constitutional Law Rights
How much do you know about Constitutional Law Rights? Find out with this quiz!