Understanding Probable Cause for Arrest
Probable cause or possible reasons for putting an individual under arrest, in criminal law, exists generally in such circumstances, where the facts which are within the knowledge of a law enforcement officer, results in forming a suspicion, view or believe regarding a crime committed, currently being committed or a plan for the same is being drawn up (Gunther, 2014). In short, the evidence which leads to believe that a crime is underway, translates into probable cause (Wolf, 2016). In the given case, there is ample amount of evidence, coupled with the circumstances present, which gives a probable cause for her arrest. The first one is the marijuana baggie and the bond found in the house. This is in addition to the shotgun, both of which appears to be unlawful. This very possession of gun and marijuana forms the basis of arresting Abby, as possession of these items is illegal, unless a permit is present. So, any reasonable officer would form the same view and takes these factors as the foundation of a probable cause for arrest.
There is one more point which contributes to the probable cause for arresting Abby and it relates to the sale of marijuana. One can still possess marijuana for medical reasons but sale of it is a crime in States, so it is unlawful (Find Law, 2017a). The sale point is evident from the statement she made to Bobby regarding bailing him out, once she could make some profit with the goods. This statement presents reasonable reasons for the officer to suspect that Abby would try to sell the marijuana, which is in her possession at the house. Hence, the officer had ample amount of facts to support their suspicion of a committed crime, in addition to one being committed in the future.
For getting a search warrant of any premises, the officers are required to file an affidavit which summarizes the information, which forms as the base for the search warrant. In this case, for securing the search warrant, in order to search the premises of Abby-Bobby, so that the evidence related to the shotgun and marihuana could be collected, some information has to be presented in the affidavit. The first thing which has to be in the affidavit is establishing the probable cause which acts as the substantive requirement. The affidavit has to be prepared as per the law and the descriptive requirements which clearly state the reasons for entering the premises of Abby and Bobby. There is a need to establish a link between the premises to be searched, along with a crime (Free Advice, 2017).
Requirements for Obtaining a Search Warrant
Secondly, it has to clearly provide the place which will be looked at and what the police are actually looking for. The officers would have to clearly state that they are looking for additional weapons in the house, along with more marijuana and the base of this would be the shotgun and marijuana found in the house. Lastly, the house would have to be detailed thoroughly, so as to evade the chances of a wrong house being searched (Supreme Court of Virginia, 2017).
The first responding officers at the crime scene have a crucial role to play. They have the power of influencing and controlling the evidence for its identification and have a duty of its preservation. The first thing that has to be done is to save lives and ensure safety of public. Christina and David were rightly doing so by trying to calm the couple so that the situation could be stopped from escalating. So, this action helped in securing the couple as evidence, so that they do not evade with any evidence (Schiro, 2017). The first responders are also required to secure the crime scene. But, Christina and David failed to do so. The front door of the house was open and while they were calming down the couple, anyone could have tampered with the evidence or evaded the crime scene. This inaction of Christina and David could have destroyed the evidence, which forms the base for probable cause, resulting in the search warrant.
A search warrant is the order of thee court which is authorized by a law enforcement official, for conducting a search of a premises, vehicle, or person with the objective of looking for evidence related to the crime and taking the same under their possession. A search warrant cannot be used to search anything and everything. It has to be used for the purpose which has been stated on it. So, if it has been granted for searching the house to obtain evidence relating to murder, it can only be used for such purposes (Broyles, 2011).
Though, through a 1981 decision of the Supreme Court, the search warrants have the capability of detaining the occupants who are at the premises, while the search is taking place. This is done to minimize the risk of danger to the law enforcement officers so that it can be made certain that the search goes unhindered (The New York Times, 2013). In this case, the search warrant is limited to searching for the premises of Abby-Bobby for possession of drugs and additional weapons.
Importance of First Responders in Securing Crime Scenes
The police officers have the power of patting down the suspect when there is reasonable suspicion that criminal activity has been, is about to be or is being committed. In the same manner, they have the power of searching an individual which relates to an arrest. Though, for doing so, a probable cause has to be established. This is also known as search incident to arrest. So, once Abby and Bobby arrive at the precinct, the police officers have the power of patting them down or searching them for possible evidence. Though, for the same, the probable cause would have to be established. The probable cause stems from what can be discovered on their person, as well as, at the scene of crime. Abby-Bobby may have drugs in their pockets or a gun on themselves. There are incidents where the individuals had clenched their buttock tightly during the search, which led to suspicion regarding drug on such person (Kanovitz, 2014). Hence, on the basis of suspicion of more guns or drugs on Abby-Bobby, they can be searched upon arrival at precinct.
In order to obtain the evidence, which may or may not, be found on Abby-Bobby, the proper chain has to be maintained or else the evidence would be discarded by the court. So, care has to be taken so that the constitutional rights of the individuals are not violated. The suspects have to be read their rights and the chain of custody has to be maintained. Chain of custody denotes the documentation and the proper care of all the evidence from the time it is seized by the police, to the time it is presented at the trial. If the chain of custody is broken, the evidence loses its credibility and can be deemed as inadmissible (Find Law, 2017b).
The suspects have the Fifth Amendment right to not be compelled to make a statement or submit to any tests. So, either the evidence has to be collected with the permission of the suspect or a court order is taken for obtaining any statement or tests. In U.S. v. Edmo, 140 F.3d 1289 (9th Cir. 1998) the Schmerber rule was applied, which permitted the law enforcement officers to take the urine specimen of the suspect who was legally arrested for possessing a weapon while under the influence of controlled substance (Rutledge, 2005). On such basis, the evidence can be collected from Abby-Bobby.
References
Broyles, S. (2011). Criminal Law in the USA. Netherlands: Kluwer Law International.
Find Law. (2017a). Medical Marijuana – An Overview. Retrieved from: https://criminal.findlaw.com/criminal-charges/medical-marijuana-an-overview.html
Find Law. (2017b). How to Suppress Evidence. Retrieved from: https://criminal.findlaw.com/criminal-procedure/how-to-suppress-evidence.html
Free Advice. (2017). A License to Search: Requirements of a Valid Search Warrant. Retrieved from: https://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/warrant-requirements.htm
Gunther, M. (2014) Probable Cause. Netherlands: Schilt Publishing.
Kanovitz, J. (2014). Constitutional Law. Oxon: Routledge, p. 389.
Rutledge, D. (2005). Taking Evidence from the Suspect. Retrieved from: https://www.policemag.com/channel/patrol/articles/2005/12/point-of-law.aspx
Schiro, G. (2017). Protecting the Crime Scene. Retrieved from: https://www.crime-scene-investigator.net/evidenc1.html
Supreme Court of Virginia. (2017). Affidavit For Search Warrant. Retrieved from: https://www.courts.state.va.us/forms/district/dc338.pdf
The New York Times. (2013). The Scope of a Search Warrant. Retrieved from: https://www.nytimes.com/2013/02/23/opinion/the-scope-of-a-search-warrant.html
Wolf, D. (2016). Probable Cause for Vengeance. New York: Page Publishing Inc.
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