Lander County Sheriff's Office Probable Cause Lesson Plan PDF

**Lander County Sheriff's Office - Training Academy** Title of Instruction: Probable Cause NAC Reference: 289.140, 150, 160 and 170 Length of Course: Target Audience: Lander County Sheriff's Office Deputy Trainees Instructor: Lander County Sheriff's Office Training Staff Method of Instruction:...

**Lander County Sheriff's Office - Training Academy** Title of Instruction: Probable Cause NAC Reference: 289.140, 150, 160 and 170 Length of Course: Target Audience: Lander County Sheriff's Office Deputy Trainees Instructor: Lander County Sheriff's Office Training Staff Method of Instruction: Lecture Instructional Aids: Lecture, Handouts, Power Point Revision Date: **Lander County Sheriff's Office Academy Division Training** **Probable Cause** {#lander-county-sheriffs-office-academy-division-training-probable-cause.Style1} =============================================================================== **Lesson Plan** {#lesson-plan.Style1} =============== {#section.Style1} **Instructional Goal**: To develop the student's understanding of probable cause, how and when to apply it, and the ability to articulate it when called upon. **Student Performance Objectives**: Upon completion of this instruction, the student will be able to pass a written exam at or above 80%: A. Define the following: 1. Reasonable Suspicion 2. Probable Cause B. Explain the differences between reasonable suspicion and probable cause. C. Identify the elements of NRS 171.124 (When a peace officer may arrest) D. Identify the elements of NRS 171.1232/171.123 (Detentions and pat downs) E. State the requirements if probable cause is developed during an investigative detention   **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **PO A1** | **Reasonable Suspicion** | | | | | | **Introduction** | | | | | | Unlike a consensual encounter, | | | peace officers must have a reason | | | or factual basis they can | | | articulate in order to lawfully | | | detain a person. This basis is | | | called reasonable suspicion. | | | | | | **Definition** | | | | | | Reasonable suspicion is when a | | | peace officer has enough facts | | | and circumstances present to make | | | it reasonable to suspect that | | | criminal activity is occurring, | | | and the person detained is | | | connected to that activity. | | | | | | "Reasonable suspicion," which has | | | been defined as "articulable | | | facts that would lead a | | | reasonable officer to conclude | | | that criminal activity is afoot | | | and the person to be detained is | | | connected to that activity". | | | | | | \* "More than an unsupported | | | hunch but less than probable | | | cause and even less than a | | | preponderance of the evidence." | | | | | | Reasonable suspicion of criminal | | | activity must exist to make a | | | detention lawful. | | | | | | In determining reasonable | | | suspicion, the question is not | | | whether there is a possible | | | innocent explanation for each of | | | the factors, but whether all of | | | them taken together give rise to | | | reasonable suspicion that | | | criminal activity may be afoot. A | | | court may not discount each | | | factor that is readily | | | susceptible to innocent | | | explanation. A series of | | | seemingly innocent acts can, | | | taken together, give rise to | | | reasonable suspicion. U.S. v. | | | Jacob and Gallardo 377 F.3d 573 | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training Probable Cause** {#lander-county-sheriffs-office-academy-division-training-probable-cause-1.Style1} =========================================================================== **Lesson Plan** {#lesson-plan-1.Style1} =============== +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | | **Mere Suspicion:** | | | | | | A "gut" hunch that criminal | | | activity is afoot. There are no | | | "facts" a law enforcement officer | | | can use to explain or justify | | | | | | **Factors which help establish | | | Reasonable Suspicion** | | | | | | - Hour of the Day: | | | | | | - Unusual Presence: | | | | | | - High Crime Area: | | | | | | - Unusual Dress: | | | | | | - Unusual Actions: | | | | | | - Smell | | | | | | - Sounds | | | | | | - Information from Witnesses: | | | | | | - Personal Knowledge of a | | | Suspect | | | | | | - Statements by a Suspect | | | | | | **Basis for reasonable | | | suspicion** | | | | | | Reasonable suspicion may be based | | | on observation, personal training | | | and experience, or information | | | from eyewitnesses, victims, or | | | other officers (totality of the | | | circumstances). | | | | | | Reasonable suspicion cannot be | | | based on a hunch or instinct. If | | | reasonable suspicion is not | | | properly established in a court | | | of law, the case against the | | | defendant may be dismissed or any | | | evidence seized may be excluded | | | from trial. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | | **Contributing factors** | | | | | | Some factors that contribute to | | | establishing reasonable suspicion | | | are: | | | | | | - appearance or condition of a | | | person (intoxicated, | | | resemblance to wanted person) | | | | | | - actions (hiding objects, | | | furtive movements, running | | | from a crime scene) | | | | | | - driving behaviors | | | | | | - knowledge of the person's | | | "history" (criminal record or | | | conduct) | | | | | | - demeanor (non-responsive, | | | nervous) | | | | | | - time of day (unusualness) | | | | | | - location of the stop (near | | | crime scene, known criminal | | | activity in area) | | | | | | - officer training and | | | experience (modus operandi, | | | expertise in certain area | | | such as narcotics or gang | | | activity) | | | | | | NOTE: Flight by itself does not | | | establish reasonable suspicion | | | and cannot justify a detention. | | | | | | **Examples** | | | | | | An officer observed a man and | | | woman standing on a corner in an | | | area known for high drug | | | activity. The woman appeared | | | nervous, slyly looking in all | | | directions. The woman reached | | | into her pocket and gave the man | | | a baggie in return for something; | | | he then walked away. The officer | | | is justified in detaining the man | | | and woman on reasonable suspicion | | | of drug-dealing. | | | | | | An officer was driving when a car | | | passed him. The car swerved and | | | almost hit another car. The | | | officer had reasonable suspicion | | | to stop the driver for vehicle | | | code violations. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **PO A2** | **Role of a reliable source** | | | | | | Peace officers can use | | | information from others to | | | investigate possible criminal | | | action and detain those involved | | | in that action. Information which | | | triggers investigative action | | | does not need to come from a | | | source of proven reliability. A | | | tip may support a detention if | | | the surrounding circumstances | | | make the information believable | | | or if the reliable source's | | | identity is known. A purely | | | anonymous tip will normally not | | | provide a sufficient basis to | | | detain although it can be if | | | there is sufficient collaboration | | | or other indications of | | | reliability. | | | | | | Additionally, if the tip provides | | | information or a person who poses | | | a grave or more immediate risk to | | | the public, such as driving under | | | the influence, the detention can | | | be upheld. | | | | | | **Probable Cause** | | | | | | The Fourth Amendment of the U.S. | | | Constitution requires probable | | | cause to make arrests and/or | | | conduct searches because searches | | | or arrests conducted without | | | probable cause infringe on a | | | person's privacy. | | | | | | **Definitions** | | | | | | Arrest is taking a person into | | | custody, in a case and in the | | | manner authorized by law. The | | | arrest must be based on probable | | | cause. | | | | | | Probable cause for an arrest is a | | | set of facts that would cause a | | | person of ordinary care and | | | prudence to entertain an honest | | | and strong belief that the person | | | to be arrested is guilty of a | | | crime. Probable cause is required | | | before an arrest is made and is | | | based on the totality of the | | | circumstances. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | | **Court Findings regarding the | | | meaning of probable cause** | | | | | | Probable cause means more than | | | bare suspicion; PC exists when | | | the facts and circumstances | | | within the officer's knowledge | | | and of which they had reasonably | | | trustworthy information are | | | sufficient in themselves to | | | warrant a man of reasonable | | | caution in the belief that an | | | offense has been or is being | | | committed. | | | | | | Brinegar v. U.S., 338 U.S. 160 | | | (1949) | | | | | | "Articulating precisely what | | | reasonable suspicion and probable | | | cause mean is not possible. They | | | are commonsense, nontechnical | | | conceptions that deal with the | | | factual and practical | | | considerations of everyday life | | | on which reasonable and prudent | | | men, not legal technicians, act. | | | As such the standards are not | | | readily, or even usefully, | | | reduced to a neat set of legal | | | rules." | | | | | | Ornelas v. U.S., 517 U.S. 690, | | | (1996) | | | | | | "Probable Cause requires a | | | reasonable belief, evaluated in | | | light of the officer's experience | | | and the practical considerations | | | of everyday life, that the | | | suspect has committed a crime and | | | is to be found in the place | | | searched...." | | | | | | U.S. v. Johnson, 207 F.3d 538, | | | (9th Cir. 2000 | | | | | | **Facts required to establish | | | probable cause may include, but | | | are not limited to**: | | | | | | - direct investigation or | | | reports | | | | | | - circumstantial evidence | | | | | | - second-hand statements from | | | reliable sources | | | | | | Note: The level of suspicion | | | which amounts to probable cause | | | is the same whether in support of | | | a search warrant, a search, and | | | arrest warrant or an arrest. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **PO B** | **Sources of Probable Cause** | | | | | | - Probable Cause is a | | | reasonable inference that a | | | crime has been committed and | | | a reasonable inference that | | | the items described will be | | | found in the place to be | | | searched. | | | | | | - Observations of the affiant | | | | | | - Fellow officer information | | | | | | - Suspect's reputation | | | | | | - Officer's knowledge of | | | suspects modus operandi | | | | | | - Confidential Informant | | | | | | - Anonymous informant | | | | | | - Citizen informant | | | | | | **Reasonable Suspicion vs. | | | Probable Cause** | | | | | | Probable cause is a higher | | | standard of suspicion than | | | reasonable suspicion. However, | | | factors that contribute to | | | establishing reasonable suspicion | | | can also be used to establish | | | probable cause, or it can | | | escalate into probable cause. | | | | | | **Factors for Reasonable Suspic | | | ion** **Probable Cause to Ar | | | rest** | | | ------------------------------- | | | ---------- ---------------------- | | | ----------------------- | | | Possible influence of alcohol o | | | r drugs Illegal level of intox | | | ication | | | Actions/words/demeanor during d | | | etention Self-incrimination, Co | | | ntraband | | | Erratic Driving Behaviors | | | DUI, Contraband | | | Pat Search for Weapons | | | Possession of Illegal | | | Weapons or Contraband | | | Possible Connection to Burglary | | | Discovery of Stolen Pr | | | operty | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** Instructional Cues, Clock Hours, and Performance Objective Outline and Presentation ------------------------------------------------------------ -------------------------- **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **PO C** | **Elements of NRS 171.124** | | | | | | **Arrest, detention and probable | | | cause** | | | | | | An arrest is the taking of a | | | person into custody, in a case | | | and in the manner authorized by | | | law. | | | | | | Probable cause to arrest is a set | | | of facts that would cause a | | | person of ordinary care and | | | prudence to entertain an honest | | | and strong belief that the person | | | to be arrested is guilty of a | | | crime. | | | | | | A detention or stop is an | | | assertion of authority that would | | | cause reasonable individuals to | | | believe they are not free to | | | leave. A detention is limited in | | | scope, intensity, and duration. A | | | detention is not an arrest. | | | | | | **Elements of a lawful arrest** | | | | | | NRS 171.124 authorize peace | | | officer to make arrests with a | | | warrant or without a warrant: | | | | | | - For a public offense | | | committed or attempted in the | | | officer's presence | | | | | | - When a person arrested has | | | committed a felony or gross | | | misdemeanor, although not in | | | the officer's presence. | | | | | | - When a felony or gross | | | misdemeanor has in fact been | | | committed, and the officer | | | has reasonable cause for | | | believing the person arrested | | | to have committed it. | | | | | | - On a charge made, upon a | | | reasonable cause, of the | | | commission of a felony or | | | gross misdemeanor by the | | | person arrested. | | | | | | - When a warrant has in fact | | | been issued in this State for | | | the arrest of a named or | | | described person for a public | | | offense, and the officer has | | | reasonable cause to believe | | | that the person arrested is | | | the person so named or | | | described. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **PO D** | 2\. A peace officer or an | | | officer of the Drug Enforcement | | | Administration designated by | | | the Attorney General of the | | | United States for that purpose | | | may also, at night, without a | | | warrant, arrest any person whom | | | the officer has reasonable | | | cause for believing to have | | | committed a felony or gross | | | misdemeanor, and is justified | | | in making the arrest, though it | | | afterward appears that a felony | | | or gross misdemeanor has not | | | been committed. | | | | | | Note: It is not unusual for | | | statutes and courts to | | | interchange "reasonable cause" | | | with "probable cause". Where the | | | wording is cause as opposed to | | | suspicion, meaning can be | | | interpreted as probable cause, | | | not reasonable suspicion. | | | | | | **Terry V Ohio** | | | | | | Terry v. Ohio is the Supreme | | | Court case that established the | | | rule allowing the government to | | | temporarily detain a subject. The | | | court found that the detention is | | | a seizure, however where the | | | seizure is temporary it is not | | | "unreasonable" to allow the | | | detention where there is | | | articulable, reasonable suspicion | | | criminal activity afoot and the | | | subject to be stopped is somehow | | | connected to that activity. | | | Further, where the officer can | | | articulate reasonable suspicion | | | the subject may be armed, a pat | | | down for weapons is permissible. | | | The facts of the case are; | | | | | | Facts: Detective McFadden had | | | been a police officer for 39 | | | years. He saw two men standing on | | | a corner and he did not state | | | what caught his attention. He saw | | | that one man leave the other and | | | walk past some store. The suspect | | | paused and looked in a store | | | window, then walked a short | | | distance turned around and walked | | | back toward the corner, pausing | | | again to look in the same store | | | window. Then the second suspect | | | did the same. This was repeated | | | approximately a dozen times. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | | **Meaning for peace officers** | | | | | | Held: The court permitted | | | Detective McFadden to conduct the | | | limited intrusions of stopping | | | the suspects based on articulable | | | reasonable suspicion that | | | criminal activity was afoot. The | | | court also found that Detective | | | McFadden demonstrated reasonable | | | suspicion that the men were armed | | | and dangerous. Therefore, the | | | court alleged his limited | | | intrusion onto their persons in | | | search of weapons was reasonable. | | | While both standards are less | | | than PC, the court acknowledged | | | that limited intrusions, based on | | | articulated reasonable suspicion | | | can be reasonable. | | | | | | Note; this case is one of the | | | most important cases in modern | | | policing in terms of the | | | government's ability to | | | investigate potential crimes and | | | officer safety. Detentions, even | | | today, are often referred to as | | | "Terry" stops. | | | | | | **"Terry" stop defined** | | | | | | A "Terry" stop is defined as "a | | | brief, temporary involuntary | | | detention of a person suspected | | | of being involved in criminal | | | activity for the purpose of | | | investigating the potential | | | criminal violation". | | | | | | A "Terry" stop is simply a | | | dentition which is lawful based | | | on the criteria outlined in the | | | "Terry" case. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | | **Nevada and Terry v Ohio** | | | | | | NRS 171.123 and 171.1232, | | | essentially codifies the decision | | | in Terry v Ohio. Under NRS | | | 171.123; | | | | | | 1\. Any peace officer may detain | | | any person whom the officer | | | encounters under circumstances | | | which reasonably indicate that | | | the person has committed, is | | | committing or is about to | | | commit a crime. | | | | | | 2\. Any peace officer may detain | | | any person the officer | | | encounters under circumstances | | | which reasonably indicate that | | | the person has violated or is | | | violating the conditions of the | | | person's parole or probation. | | | | | | 3\. The officer may detain the | | | person pursuant to this section | | | only to ascertain the person's | | | identity and the suspicious | | | circumstances surrounding the | | | person's presence abroad. Any | | | person so detained shall | | | identify himself or herself, | | | but may not be compelled to | | | answer any other inquiry of any | | | peace officer. | | | | | | 4\. A person must not be | | | detained longer than is | | | reasonably necessary to effect | | | the purposes of this section, | | | and in no event longer than 60 | | | minutes. The detention must not | | | extend beyond the place or the | | | immediate vicinity of the place | | | where the detention was first | | | effected, unless the person is | | | arrested. | | | | | | Note: Nevada adds an additional | | | requirement that the detention | | | not only last only as long as is | | | reasonably necessary, but cannot | | | exceed 60 minutes without new | | | articulable suspicion developed | | | during the detention. | +-----------------------------------+-----------------------------------+ **Lander County Sheriff's Office Academy Division Training Probable Cause** **Lesson Plan** +-----------------------------------+-----------------------------------+ | Instructional Cues, Clock Hours, | Outline and Presentation | | and Performance Objective | | +===================================+===================================+ | **PO E** | Under NRS 171.1232; | | | | | | 1\. If any peace officer | | | reasonably believes that any | | | person whom the peace officer | | | has detained or is about to | | | detain pursuant to NRS 171.123 | | | is armed with a dangerous | | | weapon and is a threat to the | | | safety of the peace officer or | | | another, the peace officer may | | | search such person to the | | | extent reasonably necessary to | | | ascertain the presence of such | | | weapon. If the search discloses | | | a weapon or any evidence of a | | | crime, such weapon or evidence | | | may be seized. | | | | | | 2\. Nothing seized by a peace | | | officer in any such search is | | | admissible in any proceeding | | | unless the search which | | | disclosed the existence of such | | | evidence is authorized by and | | | conducted in compliance with | | | this section. | | | | | | **Officer Requirements During a | | | Detention** | | | | | | In addition to the 60 minute time | | | limit, Nevada adds another | | | requirement for peace officers as | | | codified in NRS 171.1231. | | | | | | Under NRS 171.1231 at any time | | | after the onset of the detention | | | pursuant to NRS 171.123, the | | | person so detained shall be | | | arrested if probable cause for an | | | arrest appears. If, after inquiry | | | into the circumstances which | | | prompted the detention, no | | | probable cause for arrest | | | appears, such person shall be | | | released. | +-----------------------------------+-----------------------------------+