Expert: Dick Rogers - 4/10/2008

Question
Can you give some examples of probable cause to search but not arrest; to arrest but not search; and to search and arrest?

Answer
Michaelle, here goes...I'm not sure this is what you are looking for. Search but not arrest...officers receive info from a reliable informant who states he saw a number of "illegal weapons" leaning against a wall in an apartment that he visited.  Police get a search warrant, announce their intentions and find that the "weapons" are movie lot props and the guy is a scene detailer for the industry. Arrest but not search...Police are involved in a car chase and the suspect drives into the driveway of a house, runs into the house and the officers pursue him/her where the suspect is arrested. While booking him, the jailer finds evidence of narcotics sales on slips in his pocket indicating sales of narcotics from the location where he was arrested, officers then get a search warrant and return to the house.  Search and arrest.  Same scenario as the last one except officers find evidence of narcotics sales in plain site inside the residence and search based on those observations.  I made things rather simplistic and I am stretching things a bit, but I hope you get the idea.