Careers: Police/Probable Cause

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Expert: - 6/13/2006


Question
I am really struggling in a class I am taking...I am giving example for probable cause to arrest without probable cause to search...probable cause to arresst and search...but the one I am stuck on is..probable cause to search but not arrest...would that be if like a driver was driving poorly so an officer pulled over and inspected the vechicle...or is this like if an officer pulled someone over and performed a frisk?

Answer
Anne,

    I think that you would do better if you stayed away from cars because there is so much conflicting case law.  How about a situation where an officer, working the midnight shift, sees a shawdowy figure in an alley, shines his light on the figure and it is a man next to the back door of a drug store.  The officer approaches the man and asks why he is back there and the man says he has to urinate but there is no puddle or evidence that he has.  So the officer frisks him, finds no weapons or tools, and gets his name and sends him on his way.

   So you have a search but no arrest but obviously the man was looking for a store to break into.

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Jack Toomey

Expertise

U.S.: I am an expert in this category for the purpose of giving young people an idea what the hiring process involves for the position of police officer. I am getting a flood of questions from young people who are being influenced by unrealistic television shows. I'd ask you to consider that when you watch police shows on television that they are NOT realistic and most of what you see does not happen in real life. Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. I am NOT a probation officer so I cannot answer questions about probation and parole matters. I am a retired police officer with 26 years experience.I worked in a variety of assignments including investigations, homicide, sex crimes, runaway investigations, missing persons, and fraud.I also dealt with the general public during that time giving a wide range of advice on matters such as domestic disputes, problem solving, teenage problems, civil/criminal matters, and dealing with the mentally ill. I am available to give sound and reasonable advice which can solve most problems. Please do not ask me to do homework questions or online interviews. Young people should not rely on the Internet for interviews. Local police officers are normally very agreeable to assist students with interviews and surveys.

Experience

Worked as a police officer/detective for 26 years.

Graduate of the University of Maryland.B.S. in Law Enforcement.Attended numerous schools and training courses involving investigations, interviewing, interrogations, crime detection, domestic violence, and others. Recognized in court as an expert witness.

Received numerous awards during my police career for expert investigations. Handled the most sensitive and confidential investigations. In 1999 I won an award for my work with high school students while working in my new career in a large suburban high school.

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