Probable Cause Training for Sheriff's Office

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.