PROBABLE CAUSE

Exists when the facts and circumstances within an officers personal knowledge and of which the officer has reasonably trustworthy information which are sufficient in themselves to warrant a person of reasonable caution that: -- SEIZURE: a crime has been or is being committed by the person subject to be seized -- SEARCH: evidence subject to seizure will be presently found in the place to be searched

SEARCH

Per Katz, for 4th Am purposes: [1] Individual has a subjective expectation of privacy; AND [2] Society is prepared to recognized that expectation as reasonable

FRISK (minor league search)

Officer has reasonable suspicion that the person is presently armed and dangerous
*Minnesota v. Dickerson = Must cease once officers suspicion is confirmed or dispelled

VALID WARRANT
Is issued by a detached and neutral magistrate based on a finding of probable cause Particularly describing the place to be searched or persons/items to be seized All of which is contained in an affidavit that is supported by the officers oath or affirmation

SEIZURE
When an officer, by means of physical force or some show of authority has restrained the liberty of a citizen

DETAIN (minor league seizure)

Officer has reasonable suspicion crime is afoot

SOURCES OF PROBABLE CAUSE

1. 2. 3. 4. 5. Victim Information Eyewitness information Police observation Forensic Findings Confidential Informant

Dunn Factors (Curtilage)

1. Proximity to House 2. Enclosed? 3. Use of the area 4. Steps taken to avoid public observation

Exclusionary Rule EXCEPTIONS

1. 2. 3. 4. 5. 6. 7. Civil/Non-Criminal Good Faith Exception Independent Source Inevitable Discovery Attenuation Impeachment Fruitless Violation (Miranda)

EXIGENT CIRCUMSTANCES
o o o o Hot pursuit Imminent destruction of evidence Need to prevent escape Risk to police/others

REASONABLE EXPECTION OF PRIVACY

1.Place Observed 2.Place from Which Observation Made 3. Intrusiveness of Technology 4.Availability of Technology 5.Specificity of Perception 6.Availability of Information to Public

Exclusionary Rule DOES NOT APPLY

1. 2. 3. 4. Grand Jury proceedings Preliminary hearings Probation/Parole hearings Sentencing

7.Citizen's Effort to Keep Information Private