Cause a Warrant May or May Not

¶ … Cause

A warrant may or may not be required to arrest the defendant when the officer has probable cause to believe that the defendant has committed armed assault, and probable cause to believe that the defendant is hiding in a third person's garage. A warrant is not required to arrest a defendant for a felony that an officer has probable cause to believe the defendant committed. Additionally, a warrant is not required to enter a third person's garage if the officer has probable cause to believe that the defendant does not have the owner's consent to be in the garage, as his presence there for the purpose of evading the police constitutes burglary. The officer may enter the garage without a warrant if he believes the defendant's presence there is a threat to another person. A search warrant is required if the officer does not have probable cause to believe that the defendant's presence in the garage constitutes burglary or is a threat to another person because the police do not have the right to enter private premises without a warrant or exigent circumstances. An arrest warrant for the defendant is not adequate to enter property owned by a third person; a search warrant for that property is required. (Grendel) Hot pursuit of the defendant does constitute exigent circumstances and negates the need for a warrant. (Alai) If the defendant is known to be injured and unarmed, the defendant's injury may constitute exigent circumstances if the officer believes the injury requires immediate medical attention. (Lectric Law Library)

(2)

If the police observe the defendant enter the garage and do not observe him leave, they have probable cause to search the garage and should be able to obtain a warrant to do so. If, upon searching the garage, they locate the defendant, but cannot clearly identify him as the person who committed the assault, the police do not have probable cause for an arrest. If the police did not observe the defendant entering the garage, but merely believe him to be there because he was observed in the area and a third party stated that the owner was an acquaintance of the defendant, they would not have probable cause to search the garage, but would have probable cause to arrest the defendant.

The police have probable cause to arrest Mr. A for possession of stolen property and making a false report, and to obtain a warrant to search Mr. A's home for the rest of the stolen goods. A warrant is not required to arrest Mr. A because the police have probable cause for an arrest based on the information he has given them, and he is already present in the police station, a location the police have a right to enter. The police do not have probable cause to arrest or search Mr. B because Mr. A's accusation would appear highly improbable to a reasonable person. Making an improbable statement that directs the police away from a belief that the suspect committed a crime is evidence of that crime. (O'Connor) It is highly unlikely that Mr. A would have come in to possession of property that Mr. B obtained in a robbery unless he was a participant in that robbery. The most likely explanation is that Mr. A committed the robbery, and is accusing Mr. B in order to distract the police from investigating him.

Affidavit requesting search warrant for Mr. A's home

1.

This affidavit seeks the issuance of a search warrant for the residence of Mr. A. Mr. A is a suspect in the robbery of ABC Jewelry, which occurred on July 16, 2005. There is probable cause to believe that there is stolen property from the aforementioned robbery in Mr. A's home.

2.

I make this affidavit based on my own personal knowledge, on information received from Mr. A and on information received from the owner of ABC Jewelry during the course of my investigation.

3.

On July 30, 2005, Mr. A walked in to the police station and turned in three wristwatches. Mr. A stated that Mr. B had robbed ABC Jewelry two weeks earlier, and that the wristwatches were stolen property belonging to ABC Jewelry. Mr. A refused to answer any other questions. Specifically, he would not say how he came in to possession of the stolen wristwatches or why he believed that Mr. B had committed the robbery. Based on my experience and training as a law enforcement officer, and on Mr. A's suspicious statements and possession of the stolen goods, I believe that Mr. A participated in the robbery, and is in possession of additional stolen property.

Ofc. John Doe

Criminal complaint against Mr. A

I, John Doe, the undersigned complainant, being duly sworn state the following is true and correct to the best of my knowledge and belief. On July 30, 2005, Mr. A did possess three wristwatches which were property of ABC Jewelry, knowing that they were stolen. On July 30, 2005, Mr. A made a false report to the police that Mr. B had committed the crime of robbery. I further state that I am a police officer and that this complaint is based on the following facts: