Probable Cause and Reasonable Suspicion: Arrests, Seizures, Stops and Frisks
Author | Deja Vishny |
Pages | 209-258 |
5-1
CHAPTER 5
Probable Cause
and Reasonable Suspicion:
Arrests, Seizures, Stops and Frisks
“ . . . no Warrants shall issue, but upon probable cause”
—The Fourth Amendment
I. PROBABLE CAUSE
Brinegar v. United
States
Id
A. Probable Cause to Arrest
1. Governing Principles
§5:01 Gates Standard: Fair Probability Determined By Totality of Circumstances
Draper v. United States
Beck v. Ohio
Davis v. Mississippi
-
Illinois v. Gates
Brinegar v. United StatesSaucier v. Katz
The Gates
Henry v. U.S
Beck v. Ohio
State v. Repenshek
Alabama v. White
§5:02 Older Rule: Aguilar/Spinelli
Aguilar/Spinelli
§5:03
GatesSee Aguilar v. Texas
Spinelli v. United States
i.e
has held that GatesPeople v. Johnson
§5:03 Warrantless Arrests
United States v. Watson
Michigan v. Summer
Devenpeck v. Alford
Goddard v. Kelly
Ybarra v. Illinois
probable cause in Maryland v. Pringle
Atwater v. City of Lago Vista
Virginia v. Moore
Whren v. United States
Arkansas v. SullivanWhren
State v. Sullivan
§5:04 Remedy for Unlawful Arrest
Whiteley v. Warden
See U.S. v. Crews
I.N.S. v. Lopez-Mendoza
U.S. v. Alvarez-Machain
Id
See U.S. v. Matta-BallesterosUnited States v. Noreiga,
United States v. Lopez
Practice Point: Arrests across jurisdictional lines
See, e.g
5-3 §5:06
Miller v. State tate v. Weidman
See, e.g.,
Henderson v. State
See
2. Case Examples
§5:05 Probable Cause Found
-
• Drug Transactions:-
Commonwealth v. ThompsonState
v. CastroDarling v. StateCommonwealth v. Kennedy,
Revels v. State
• Operating While Intoxicated:
State v. Homan
Id
State v. Lange
State v. Superior Court
• Drug Odors:
State v. Secrist
United States v. HumphriesPeople v. Vigil
Commonwealth v. Cruz
• Unlawfu l Possession of Alcohol by Underage Drinker:
Zuniga v. State, 815
• Probable Cause by Association:
United States v. Romero
United States v. Patrick,
United States v. Martinez-Molina
§5:06 Probable Cause Not Found
United States v. Collins
United States v.
Robertson
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