Lesson on Probable Cause

Definition of Probable Cause

• Probable Cause: Standard needed for arrests, searches, and exigent circumstances.
  • Requires a "fair probability" of a crime being committed.
  • Based on everyday life considerations, not technical legal standards.

Perspective on Probable Cause

• Supreme Court emphasizes practical considerations over technical legal views.
• Police officers' perception is key due to their experience in the field.
• Difference in perspective between legal professionals (prosecutors) and law enforcement officers.

Example: Human Trafficking

• Scenario illustrating differing perceptions:
  • Instructors may not see signs of human trafficking.
  • Officers trained in human trafficking can identify subtle indicators.

Understanding Probable Cause

• Not a stringent standard.
• Requires a practical, common sense decision.
  • Fair probability that contraband or evidence will be found.
  • Sometimes more likely true than false, but not always.
• "Two out of three" informal test:
  • Witness testimony
  • Suspect admissions/confessions
  • Physical evidence

Beyond a Reasonable Doubt

• Beyond a Reasonable Doubt: Legal burden for conviction in criminal cases.
  • Prosecution must prove no other reasonable explanation exists from the evidence.
• Law enforcement must provide sufficient evidence, beyond probable cause, for conviction.

Role of Law Enforcement and Prosecutors

• Law Enforcement: Gather sufficient evidence for prosecution.
• Prosecutors: Deliver the case in court, using gathered evidence.
• Importance of comprehensive case preparation beyond mere probable cause.

Making Arrests with Probable Cause

• Legitimate to make arrests with probable cause even if conviction isn't assured.
  • E.g., handling immediate problems like domestic violence.
  • Finding additional evidence during search incidents.
  • Conducting interrogations post-arrest to gather more information.

Conclusion

• Probable cause is a critical but initial stage in the criminal justice process.
• Ultimate goal is to secure a conviction with a standard of beyond reasonable doubt.