criminal procedure---probable cause Forum
Forum rules
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
-
leeyatong
- Posts: 30
- Joined: Wed Jun 20, 2018 4:36 pm
criminal procedure---probable cause
Hi, everyone, when I did the MBE questions of criminal procedure, there always is some questions about the informant, sometimes, the reliable informant information can be the probable cause, sometimes only informant information can not be. so could you please help me with it? I appreciate it: so if the reliable informant information and some circumstances can be the probable cause, but only there is the informant information other than reliable informant can not be. Am I right? Thanks
-
encore1101
- Posts: 826
- Joined: Tue Oct 22, 2013 10:13 am
Re: criminal procedure---probable cause
I'm not really sure what you're asking.
In regard to tips from informants, whether probable cause exists is determined "the totality of the circumstances," a la Illinois v. Gates, but some states still follow Aguilar-Spinelli as a matter of their state constitutional law (i.e. New York).
So under the totality of the circumstances, factors like the previous reliability of the informant, whether the informant is anonymous or identified, the demeanor of the informant, etc. are relevant. It really is a fact-sensitive question. So, assuming I'm reading your question correctly, yes, there are circumstances in which a tip by a single informant can establish probable cause, but there will be others where just the tip (hehe) isn't sufficient.
In regard to tips from informants, whether probable cause exists is determined "the totality of the circumstances," a la Illinois v. Gates, but some states still follow Aguilar-Spinelli as a matter of their state constitutional law (i.e. New York).
So under the totality of the circumstances, factors like the previous reliability of the informant, whether the informant is anonymous or identified, the demeanor of the informant, etc. are relevant. It really is a fact-sensitive question. So, assuming I'm reading your question correctly, yes, there are circumstances in which a tip by a single informant can establish probable cause, but there will be others where just the tip (hehe) isn't sufficient.
-
leeyatong
- Posts: 30
- Joined: Wed Jun 20, 2018 4:36 pm
Re: criminal procedure---probable cause
Thanks, I think I clear it out and I appreciate it a lot.
