Explain how probable cause might be established.

Explanation should include

• definition of arrest
• definition of probable cause
  • 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
• reasonable suspicion and how it differs from or leads to probable cause
• the exclusionary rule and reasons for it
• the safeguards to unreasonable searches and seizure under the Fourth Amendment and related U.S. Supreme Court rulings (e.g., Terry v. Ohio)
• the potential consequences of an illegal search
• 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:

• 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 standard of proof and burden of proof?
• What is the difference between arrest and detention?