Tag Archive for: probable cause

Lucky Thomas: Probable Cause And Collard Greens, A Recipe For Arrest

Age Prediction based on bodily fluids

Lucky Thomas got himself nabbed by a day-shift flatfoot after his latest job, a quick little “in-and-out” B&E of Linda’s Ammo Depot.

The eager copper spied Lucky climbing out of Linda’s office window with a bag of “goodies” in hand. The beat cop yelled, “Stop!” but the word merely shifted Lucky’s feet into high gear, setting the stage for an early morning foot pursuit.

rocky the raccoon

The officer, with keys jingling and jangling and holster slapping and popping against his outer thigh, chased the career bandit down Pleasant Street, two blocks on Happy Lane and then eight blocks up Freedom Way before Lucky ducked into the alley between Ida Sue’s Thrift Store and Rosco’s Rib Shack.

Lucky, a former track star at the local high school, probably would have lost the chubby cop had he not slipped on a pile of yesterday’s slick-as-eel-snot collard greens and greasy ham hocks that Rosco’d left out for the pair of hungry raccoons—Rocky and Roxie—that pay nightly visits to the Shack’s overflowing maggot-laden dumpsters.

An exhausted and nervous Lucky barely had time to catch his breath when he felt the steel cuffs clamping around his wrists. The sound of the jaws ratcheting closed was all Lucky needed to hear to know that he’d been arrested, again.

But is it always that clear to people? Does an arrest always end in handcuffs?

Well …

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Lucky’s lawyer, I.M. Shady, a shyster of less-than-stellar reputation among his peers, who needs not open a door to enter a room (he slithers beneath them), argued that the officer lacked probable cause to arrest his client. However, Circuit Judge Hugh Didit, quickly delivered a guilty verdict and sentenced Lucky to twelve months in the county jail.

Judge Didit, citing the officer’s perfect eyesight and that those two perfect-peepers saw Lucky climbing out of the window holding a bag of stolen goods was all the probable cause needed. “Guilty!” said the judge, in that distinct booming voice that had been known to rattle the feet and ankles of the clerks working on the floor above the courtroom. “Take him directly to jail, and do not pass … well, you know the drill. Get him outta here. Next case! Oh, and counselor, I suggest you study the meaning of probable cause before coming back in my court.”

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Sitting in his cell at Sheriff P.U. Stink’s lockup, Lucky often wondered if things would’ve turned out differently had he ducked inside the restaurant or the thrift store. Could the officer have followed him inside without a warrant?

One of the jailhouse lawyers, a long-timer who charges a pair of tennis shoes, two pieces of cake, and a month of cell cleanings to write a Writ of Habeus Corpus, explained the law to Lucky, saying that, sure, during a foot pursuit if the officer sees the bad guy run inside a building she can indeed rush in after him. However …

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During the discussion of “what’s legal and what’s not” it didn’t take long before a crowd of inmates stopped by to listen to the jailhouse lawyer explain the various laws and scenarios. So, enjoying the attention, the self-taught legal eagle further explained why pat-downs (frisking) are legal. He said …

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In fact, the faux attorney even cited the case where it all started, Terry v. Ohio.

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Lucky, after the lecture was over, climbed onto his bunk and stared at the ceiling, wondering what some guy in Ohio had to do with his getting caught two states away. He also decided that he’d never again eat a meal of ham hocks and collard greens.

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It’s Probable Cause, NOT “Probably” Cause … and Search Warrants

We’ve discussed the issue of probable cause (PC) many times, and we all know it’s one of the very few things that remains consistent in law enforcement. PC is a “gotta have it” sort of thing when making certain arrests and obtaining search warrants.

One more time – Probable Cause is the existence of facts (not mere suspicion) that will satisfy an officer of ordinary caution that a crime has been, or is being committed … and the item to be searched for is reasonably connected to the crime in question. Oh, and that evidence of the crime can be found at/in a certain place (PC for a search warrant).

Okay, with that reminder in place, let’s take a look at a few more rules regarding search and seizure.

1) Information used to obtain a search warrant absolutely must be current information. “Stale” information is not a valid basis for a search—evidence could have been moved, suspects might have moved on, other people may now be inside the residence, etc.

2) An informant’s name need not be revealed in the body of the search warrant or affidavit. That’s sort of why they call them “confidential” informants.

3) Search warrants must be served (executed) promptly. Not a week or two after the judge signs it. Actually, delays of three or four days have rendered searches unreasonable in the eyes of the courts.

Search Warrant Execution – No Knock

4) Police officers must knock and announce their presence when serving a search warrant. However, there’s no written rule/law that states a required amount of wait time before using a battering ram to gain entry. But, a good rule of thumb is to wait a few seconds, long enough for a reasonable person to open the door. Any longer allows the suspect enough time to destroy evidence.

5) Officers may obtain “no knock” warrants if there’s a threat of danger to officers should they knock and announce their presence. Also, warrants must be served during daytime hours unless otherwise specified on the warrant.

6) The law says that officers may damage private property while entering, as long as the damage was necessary under the circumstances (breaking doors and windows, etc.). And guess who’s stuck with the bill? Yep, the suspect. However, some jurisdictions have policies in place that require the municipality to cover the cost of repairs.

7) Members of the media should not be allowed to accompany officers into a private home during the execution of a search warrant.

8) Officers do not need a search warrant when conducting a search of a suspect’s personal property during the booking process at the jail. This includes any closed container found in the suspect’s pockets.

9) Officers must limit their searches of electronic devices to only the files named on the search warrant.

Sergeant Search

10) Evidence seized during an improper search may not be used during criminal proceedings. However, if the officer relies on a warrant issued by the court that was later found to be accidentally inaccurate (at no fault of the officer), it is possible that a court would allow the evidence to be introduced.

11) Evidence seized in violation of the 4th Amendment (protection against illegal search and seizure) may not be used in criminal trials. However, that very same evidence may be, and is, used in other court proceedings, such as parole violations/revocations.

12) It’s Probable Cause, NOT Probably Cause. Yes, I see and hear this (probably cause) quite often.

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