Probable Cause and Reasonable Suspicion

Probable Cause and Reasonable Suspicion.  Modalities of Constitutional Argument: o Historical o Textual o Doctrinal o Structural o Ethical o Prudential  Probable Cause & Reasonable Suspicion. o Fourth Amendment: “… and no warrants shall issue, but upon probable cause… o And regardless of whether a warrant is required:  A “search” requires probable cause to believe that the search will produce evidence bearing on a criminal offense.  An arrest (a form of “seizure”) requires probable cause to believe that the seized person has committed or is committing a crime. o A search or seizure requires probable cause to believe that a defendant committed a crime, or that incriminating evidence exists in a particular place to be constitutional. o Probable cause requirement exists independently from the Fourth Amendment’s general-warrant requirement.  Probable Cause. o “Exists where ‘the fact and circumstances within [the officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable causation in the belief’….”  In the case of an arrest, that the arrested person committed a crime.  In the case of a search, that the search will produce evidence of a crime. o A “fair probability,” more than a “reasonable suspicion,” but less than a “preponderance of the evidence.” o Probable cause exists when the facts and circumstances within a person’s knowledge and of which they had reasonable trustworthy information are sufficient to warrant a person a reasonable causation in the belief that an offense has been committed and that the defendant committed it, or that incriminating evidence exists in a particular place (D.C. v. Wesby). o Lower burden of proof than beyond a reasonable doubt or preponderance of the evidence. o Anonymous person called law enforcement, named and described a drug dealer who they knew flew from NY to Miami to obtain heroin. Caller also described how the suspect moved the drugs past security and gave enough info for police to find him. Officers followed suspect from Miami to New York and asked to see what was in the bag. Officers arrested the suspect and searched him when he refused. The Court ruled that law enforcement officers had probable cause to arrest the man (Illinois v. Gates). o Law enforcement officers arrested a man for jaywalking (was a sign posted that said no jaywalking) but the jaywalking was actually a pretense to question him about a suspected drug dealing. Officers lacked probable cause or reasonable suspicion for a drug offense, but asked for the man’s id and, while it was being ran, they asked if they could search him for drugs. The man agreed; officers found drugs, seized the drugs, and arrested the man on drug charges. The seizure for jaywalking was determined to be valid under the Fourth Amendment even though it was not their subjective motivation (Whren).  Reasonable Suspicion. o Requires “some minimal level of objective justification”—more than a mere suspicion, but less than probable cause. o Must be based on specific and articulatable facts, not an “inchoate and unparticularized suspicion or hunch.”