Probable Cause Continuum

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Probable Cause Continuum

No Suspicion Reasonable Probable Beyond a

Information Suspicion Cause Reasonable

Doubt

No Information – An officer knows nothing about a particular person or crime.

Suspicion - A feeling or thought that something is likely or true; Officer knows a minor fact, or knows a major piece of information from an unknown or unreliable source.

Ex.: An officer finds a piece of paper on the street that indicates a particular individual is selling drugs.

Reasonable Suspicion – Legal standard of proof in the United States that is less than probable cause. It is enough to justify a stop and a brief detention, but not enough to search; officer knows several minor facts or a major fact pointing to a person engaged in criminal activity. Facts must be specific and articulable.

HOWEVER, if the police officer stops a suspect on the street and has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently

dangerous” the officer may conduct a pat down (Terry Frisk), a quick surface search of the suspect’s outer clothing.

Probable Cause - Sufficient reason (evidence) based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime.

Beyond a Reasonable Doubt – The level of certainty that an individual must have in order to find someone guilty of an offense; no doubt about guilt/absence of a reasonable (no matter how tiny) doubt.

Scenarios

With your table partners, read and discuss the scenarios. Determine where on the continuum each of them falls.

1) The teacher, Miss Jones, is greeting students at the door when Jane walks into the room. As class proceeds, Miss Jones notices that

Jane’s eyes are blood shot, she appears very sleepy and is in general not her usual self. Miss Jones has previously overheard some of

Jane’s friends express concern about Jane using drugs, specifically smoking marijuana. Miss Jones notifies the house principal, who comes and removes Jane from the classroom.

2) A group of young men are walking from the skate park to their homes at midnight on a Thursday evening. They are all wearing knit caps and black clothing.

3) An officer stops 2 young men walking the streets in the early morning hours of a neighborhood known for drug activity. The one young man appears very nervous and is continuously looking around.

4) Officer Smith is out patrolling his beat on foot (foot patrol). He notices 2 young men matching the description of 2 suspects that earlier in the day committed a home invasion. During the home invasion a Rolex watch was taken, as was an expensive leather jacket and some electronics. As Officer Smith approaches the suspects he notices one of them wearing a very expensive looking leather coat. Additionally, as he began questioning them he observed the other male subject wearing what looked to be an expensive gold watch.

1.

Reasonable Suspicion

2.

No Information

3.

Suspicion

4.

Probable Cause

Answer Sheet

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