Probable Cause

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Probable Cause

• Session 46

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Probable Cause

• Probable cause to arrest exists where the facts
  and circumstances within the officers knowledge
  and of which they had 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.

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Probable Cause to Search

• Probable cause to search exists where the facts
  and circumstances within the officers knowledge
  and of which they had reasonably trustworthy
  information are sufficient in themselves to
  warrant a man of reasonable caution in the belief
  that certain items are contraband or fruit,
  instrumentalities, or evidence of a crime, and
  these items are in a particular place or on a
  particular person

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How P/C Develops

• What the officer personally perceives
• What someone else perceives and relays to the
  officer

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Indications Supporting P/C

• Flight
• Furtive Conduct
• Real (Physical) Evidence
• Admissions
• False/Implausible Answers
• Presence at Crime Scene or High Crime Area
• Association with known criminals
• Past Criminal Conduct
• Facts Arising During Investigation/Detention

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Exclusionary Rule
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Exclusionary Rule

• Requires that any evidence obtained by police
  using methods that violate a persons
  constitutional rights must be excluded from use
  in a criminal prosecution

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Standing

• Legal right of a person to judicially challenge
  the conduct of another person or the government
• What gives standing?
• A constitutional violation OF THAT PERSON

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Fruit of the Poisonous Tree

• Requires exclusion of evidence that is obtained
  indirectly as a result of a constitutional
  violation.

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Removing Taint

• Independent source-
• allows the admission of tainted evidence if that
  evidence was also obtained through a source
  wholly independent of the constitutional
  violation

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• Attenuation-
• where tainted evidence would not have been
  discovered except through the constitutional
  violation, the evidence may still be admissible
  if the means of obtaining the evidence were
  sufficiently remote from the constitutional
  violation

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• Inevitable Discovery
• Evidence that would have been excluded will be
  admitted if the evidence would have been
  inevitably discovered in the normal course of
  events.

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• NO GOOD FAITH EXCEPTION IN TENNESSEE

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