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Got "Probable Cause"? One District Attorney's attempt to explain why "Yes"/"No"

skidmark

skidmark

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Got "Probable Cause"? One District Attorney's attempt to explain why "Yes"/"No"

http://le.alcoda.org/publications/point_of_view/files/POV_Fall_2014.pdf

He gives a rather comprehensive checklist of behaviors and "indicators" of things that add up to/add strength to an officer's determination that Probable Cause exists. Some of the items he discusses have been found to be unsupportable in some jurisdictions, but his "scorecard" system helps an officer build up his case for PC in spite of one or two items not being countable. And no, there is not a baseline score that has to be reached in order to say PC has been "reached". It's more of a reminder of stuff to add to the dogpile in case one element does not stand up to challenge.

Sun Tzu (and just about everybody since) has advised us to know our enemy and his tactics.

stay safe.
 
Maverick9

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skidmark said:
http://le.alcoda.org/publications/point_of_view/files/POV_Fall_2014.pdf

He gives a rather comprehensive checklist of behaviors and "indicators" of things that add up to/add strength to an officer's determination that Probable Cause exists. Some of the items he discusses have been found to be unsupportable in some jurisdictions, but his "scorecard" system helps an officer build up his case for PC in spite of one or two items not being countable. And no, there is not a baseline score that has to be reached in order to say PC has been "reached". It's more of a reminder of stuff to add to the dogpile in case one element does not stand up to challenge.

Sun Tzu (and just about everybody since) has advised us to know our enemy and his tactics.

stay safe.
Click to expand...

Aren't you assuming a lot. Namely literacy and comprehension? I mean does a busy LEO have time to read, comprehend, remember and apply? You think he's sitting at home after shift making flash cards?

Just wondering.
 
davidmcbeth

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Guy disparages scientist in his first paragraph .... most lawyers want to have been scientists but were too stupid to achieve that goal.
 
Primus

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skidmark said:
http://le.alcoda.org/publications/point_of_view/files/POV_Fall_2014.pdf

He gives a rather comprehensive checklist of behaviors and "indicators" of things that add up to/add strength to an officer's determination that Probable Cause exists. Some of the items he discusses have been found to be unsupportable in some jurisdictions, but his "scorecard" system helps an officer build up his case for PC in spite of one or two items not being countable. And no, there is not a baseline score that has to be reached in order to say PC has been "reached". It's more of a reminder of stuff to add to the dogpile in case one element does not stand up to challenge.

Sun Tzu (and just about everybody since) has advised us to know our enemy and his tactics.

stay safe.
Click to expand...
Good read. Well laid out and explained with cites to case law.
 
skidmark

skidmark

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Maverick9 said:
Aren't you assuming a lot. Namely literacy and comprehension? I mean does a busy LEO have time to read, comprehend, remember and apply? You think he's sitting at home after shift making flash cards?

Just wondering.
Click to expand...

Sorry the obvious missed you. The checklist is for state prosecutors to go over with the cop as they prepare for testimony. And yes, cops can make notes that they can refer to in order to refresh their memory if they get flustered on how to respond to "And isn't it also true, Officer Krupke, that the defendant __?"

stay safe.
 
sudden valley gunner

sudden valley gunner

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Maverick9 said:
Aren't you assuming a lot. Namely literacy and comprehension? I mean does a busy LEO have time to read, comprehend, remember and apply? You think he's sitting at home after shift making flash cards?

Just wondering.
Click to expand...

If the cop is in doubt then he should leave it alone.

The burden is on the state not the civilian.
 
since9

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Maverick9 said:
Aren't you assuming a lot. Namely literacy and comprehension? I mean does a busy LEO have time to read, comprehend, remember and apply? You think he's sitting at home after shift making flash cards?
Click to expand...

Sounds to me like you're the one who's doing the assuming, such as a lack of literacy and comprehension, or an inability to comprehend, remember, and apply.

FYI, continuing education is a large part of a law enforcement officer's routine. It's not, "Congrats on making it through the academy, Joey. Now do as I tells 'ya..."

No.

The Academy merely provides the framework on which LEOs build their collective knowledge over their careers. In most departments, this includes programmed studying, periodic tests, etc. In bad departments, it can be more haphazard.
 
Primus

Primus

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since9 said:
Sounds to me like you're the one who's doing the assuming, such as a lack of literacy and comprehension, or an inability to comprehend, remember, and apply.

FYI, continuing education is a large part of a law enforcement officer's routine. It's not, "Congrats on making it through the academy, Joey. Now do as I tells 'ya..."

No.

The Academy merely provides the framework on which LEOs build their collective knowledge over their careers. In most departments, this includes programmed studying, periodic tests, etc. In bad departments, it can be more haphazard.
Click to expand...

Don't forget yearly in service.... Usually mandated...
 
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