criminal procedure---probable cause

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leeyatong

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criminal procedure---probable cause

Postby leeyatong » Sun Feb 10, 2019 7:30 pm

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

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encore1101

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Re: criminal procedure---probable cause

Postby encore1101 » Mon Feb 11, 2019 9:54 am

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.

leeyatong

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Re: criminal procedure---probable cause

Postby leeyatong » Mon Feb 11, 2019 5:19 pm

Thanks, I think I clear it out and I appreciate it a lot.



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