Explanation should include
- definition of probable cause and description of probable cause in lay terms
- the ways probable cause is established, including for arrest
- the relationship between probable cause and obtaining search warrants
- the relationship between probable cause and searching without a warrant
- the placement of probable cause on a continuum of proof
- explanation of reasonable suspicion and how it differs from or leads to probable cause
- the exclusionary rule and reasons for it
- the potential consequences of an illegal search
- the safeguards to unreasonable searches and seizure under the Fourth Amendment and related U.S. Supreme Court rulings (e.g., Terry v. Ohio)
- completing an affidavit for an arrest warrant
- the five areas the courts examine to judge the reasonableness of an officer’s conclusions of probable cause for arrest
- the officer’s observation
- other sources of information
- patterns of criminal behavior
- the officer’s training, experience, and influences
- investigative deductions made by the officer.
Process/Skill Questions:
- What is the exclusionary rule?
- What are the consequences of an illegal search?
- What are some methods for establishing probable cause?
- How does the establishment of probable cause affect subsequent prosecution?
- What is the role of hearsay information in establishing probable cause?
- What is the difference between probable cause and reasonable suspicion?