Probable Cause Training for Sheriff's Office

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Questions and Answers

Which of the following is NOT considered a fact required to establish probable cause?

Direct investigation or reports

Second-hand statements from reliable sources

Second-hand statements from unreliable sources (correct)

Circumstantial evidence

What does the level of suspicion required for probable cause depend on?

The location of the search or arrest

The type of investigation being conducted

The nature of the evidence presented (correct)

The type of warrant being applied for

What type of evidence can be used to help establish probable cause?

Random guesses

Hearsay from a neighbor

Circumstantial evidence (correct)

Unverified tips

Which of the following statements is true regarding probable cause?

The same level of suspicion is used for both arrest warrants and searches. Signup and view all the answers

Which of the following can be classified as circumstantial evidence?

Inferences drawn from behaviors or patterns Signup and view all the answers

What does probable cause require beyond mere suspicion?

Trustworthy and sufficient information Signup and view all the answers

According to the court findings, probable cause includes whether the facts are sufficient to warrant what kind of individual?

A person of reasonable caution Signup and view all the answers

Which of the following best describes the legal concept of probable cause?

A commonsense, nontechnical conception Signup and view all the answers

What case established the definition of probable cause mentioned in the document?

Brinegar v. U.S. Signup and view all the answers

Which of the following statements about reasonable suspicion and probable cause is accurate?

They involve common sense and practical considerations. Signup and view all the answers

What primarily determines whether probable cause is present?

Circumstantial evidence Signup and view all the answers

Probable cause requires sufficiency of information to justify what action by an officer?

Making an arrest Signup and view all the answers

In the context of law enforcement, what does a man of reasonable caution do?

Determines actions based on trustworthy facts Signup and view all the answers

What is a key requirement for a tip to support a detention?

The surrounding circumstances must make the information believable Signup and view all the answers

Which statement is true regarding anonymous tips?

They usually do not provide a sufficient basis for detention Signup and view all the answers

What type of risk could justify a detention based on a tip?

Someone driving under the influence Signup and view all the answers

Which of the following is NOT a consideration for the reliability of a tip?

The source's identity is purely anonymous Signup and view all the answers

What can contribute to establishing the reliability of an anonymous tip?

Additional corroboration from other sources Signup and view all the answers

Which factor does NOT enhance the credibility of a tip?

The tip is vague and lacks specifics Signup and view all the answers

How can information from a reliable source trigger investigative action?

If the surrounding circumstances support its believability Signup and view all the answers

For a tip to lead to a lawful detention, what must the officers demonstrate?

The presence of probable cause based on the information Signup and view all the answers

What is a probable cause to arrest?

A set of facts leading to a strong belief of guilt Signup and view all the answers

Which statement accurately describes a detention?

A detention is an assertion of authority limiting freedom to leave. Signup and view all the answers

Under NRS 171.124, which of the following is NOT a condition for making an arrest?

When the suspect exhibits violent behavior Signup and view all the answers

What differentiates a detention from an arrest?

Detention is limited in scope, intensity, and duration. Signup and view all the answers

What can lead a peace officer to make an arrest without a warrant?

Observing a felony or gross misdemeanor Signup and view all the answers

Which scenario would best support the concept of probable cause?

Finding stolen property in a person's backpack Signup and view all the answers

During which condition would a peace officer be authorized to arrest someone?

If a public offense was committed in the officer's presence Signup and view all the answers

Which of the following illustrates a situation that does NOT constitute probable cause?

A person looking around nervously while walking down the street Signup and view all the answers

What must occur for evidence seized during a search to be admissible in proceedings?

The search must be authorized and compliant with legal standards. Signup and view all the answers

What is the maximum duration a person can be detained before probable cause must be established?

60 minutes Signup and view all the answers

According to Nevada law, what should happen if no probable cause for arrest is found after detaining an individual?

The individual must be released. Signup and view all the answers

What action can law enforcement take if a weapon is disclosed during a search?

The weapon may be seized. Signup and view all the answers

What is required from peace officers when conducting a detention under NRS 171.123?

They must have probable cause from the start. Signup and view all the answers

What happens if a weapon is discovered during an unlawful search?

The weapon cannot be admitted in any proceeding. Signup and view all the answers

What is the primary focus of NRS 171.1231 concerning detained individuals?

Ensuring timely release if no arrest occurs. Signup and view all the answers

During a detention, what must peace officers do if they suspect a crime has occurred?

Gather further evidence before taking action. Signup and view all the answers

What is required for an officer to make an arrest based on reasonable cause?

The officer must have reasonable cause to believe the person committed a felony or gross misdemeanor. Signup and view all the answers

Which of the following describes a condition that allows an officer to arrest a suspect without a warrant?

The officer has reasonable cause to believe a felony or gross misdemeanor was committed. Signup and view all the answers

What can lead to an arrest based on the issuance of a warrant?

If a warrant has been issued for the suspect’s arrest for a public offense. Signup and view all the answers

Which statement accurately reflects a situation where reasonable cause exists?

The officer receives a report of a felony and personally verifies the crime is happening. Signup and view all the answers

Which of the following is NOT a basis for arresting an individual?

When an individual is suspected of a mere misdemeanor. Signup and view all the answers

What does 'reasonable cause' refer to in the context of making an arrest?

The officer must have facts or circumstances that would lead a reasonable person to believe a crime was committed. Signup and view all the answers

In which scenario can an officer act on a warrant?

When the officer has a warrant issued for a named person for a public offense. Signup and view all the answers

What does it mean when an officer has 'reasonable cause' in relation to an arrest?

The officer must verify that a felony or gross misdemeanor has occurred. Signup and view all the answers

Study Notes

Lander County Sheriff's Office Training Academy - Probable Cause

Course Title: Probable Cause
NAC References: 289.140, 150, 160, and 170
Target Audience: Lander County Sheriff's Office Deputy Trainees
Instructor: Lander County Sheriff's Office Training Staff
Method of Instruction: Lecture, Handouts, Powerpoint
Course Length: Not specified
Revision Date: Not specified

Probable Cause Lesson Plan

Instructional Goal: Develop student understanding of probable cause, application, and articulation.
Student Performance Objectives: Students will pass a written exam at or above 80% upon completion covering defined terms, distinctions, and relevant Nevada Revised Statutes (NRS).
- Define: Reasonable Suspicion, Probable Cause
- Explain: Differences between reasonable suspicion and probable cause
- Identify:
  - Elements of NRS 171.124 (When a peace officer may arrest)
  - Elements of NRS 171.1232/171.123 (Detentions and pat downs)
  - Requirements if probable cause is developed during an investigative detention

Reasonable Suspicion

Introduction: Peace officers must have a reason (articulable facts) to detain a person lawfully.
Definition: Reasonable suspicion exists when a peace officer has enough facts and circumstances to reasonably suspect criminal activity and connect the detained person to that activity.
Factors Establishing Reasonable Suspicion: Hour of the day, unusual presence, high-crime area, unusual dress/actions, smell, information from witnesses, statements by a suspect, personal knowledge of a suspect
Basis for Reasonable Suspicion: Observations, personal training/experience, information from witnesses, victims, or other officers (totality of circumstances).

Contributing Factors

Appearance/condition (intoxication, resembling wanted person)
Actions (hiding objects, running from scene)
Driving behaviors
Knowledge of criminal history
Demeanor (nervousness, non-responsiveness)
Time of day (unusualness)
Location of the stop
Officer training/experience

Role of a Reliable Source

Peace officers can use information from others to investigate possible criminal actions and detain those involved.
Information doesn't need to come from a proven reliable source.
Anonymous tips can support detention if the surrounding circumstances make the information believable or if the source's identity is known, or if the risk to public is immediate (e.g., DUI).

Court Findings Regarding Probable Cause

Probable cause requires more than bare suspicion.
Officer's knowledge of facts and circumstances, reasonably trustworthy information, warranted belief that a crime was committed.
Practical considerations (not just legal technicalities) are important when evaluating probable cause.
Includes direct investigation, reports, circumstantial evidence, reliable sources.

Sources/Factors Contributing To Probable Cause

Observations of the affiant
Fellow officer information(s)
Suspect's reputation
Officer knowledge of suspects' modus operandi
Confidential informant information
Anonymous informant information
Citizen informant information

Reasonable Suspicion vs. Probable Cause

Probable cause is a higher standard of suspicion than reasonable suspicion.
Factors that contribute to establishing reasonable suspicion can also be used to establish probable cause.

Officer Training and Experience

Officer expertise is a factor in determining probable cause.
An activity that appears innocent to a layperson might appear suspicious to a trained officer.

Elements of Detention and Probable Cause

Arrest involves taking a person into custody.
Probable cause is a set of facts that would cause a reasonable person to believe the suspect is guilty of a crime (for arrest).
Detention/Stop occurs when someone is not free to leave (limited in scope, intensity, and duration; not an arrest).
NRS 171.124 describes situations where an officer can make lawful arrests, with/without a warrant.

Terry Stop

A temporary detention that is deemed not unreasonable based on articulated reasonable suspicion of an individual connected to criminal activity.
Limited in scope
The Terry v Ohio case established this standard.
The duration of the detention is dependent on the circumstances.
The Terry Stop does not have to result in an arrest.
Officer safety an important reason for detention of a suspect.

Nevada and Terry v. Ohio

Nevada's statutes (NRS 171.123, 171.1232) mirror the Terry v. Ohio decision.
Officers can detain individuals under reasonable suspicion connected to criminal activity.
Detention should not last longer than needed, usually 60 minutes without new, articulable suspicion.
Officers must comply with NRS 171.1231 regarding detention duration and the need to arrest if probable cause is established, or release if not.

Officer Conduct During Detentions

Officers must reasonably believe a suspect is armed and a threat prior to a search for weapons.
NRS 171.1231 sets a timeframe for detentions, with the requirement to arrest or release (cannot exceed 60 min).
Seized evidence is admissible in court only if the search was authorized/compliant with the law.

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Description

This quiz is designed for trainees at the Lander County Sheriff's Office to assess their understanding of probable cause and its practical applications. It covers the definitions, distinctions, and relevant Nevada Revised Statutes essential for law enforcement. Trainees must achieve a minimum score of 80% on the written exam to demonstrate their proficiency.