BPOA 213 - Chapter 10: Arrest, Search, And
Seizure
1. PC 2.01: Proof
All persons are presumed to be innocent and no person may be
Be-
yond a convicted of an ottense unless each element of the ottense is proved
Reason- able beyond a reasonable doubt. The fact that he has been arrested,
Doubt confined, or indicted for, or otherwise charged with, the ottense gives
rise to no inference of guilt at his trial.
2. Probable Cause to Brinegar v. United States
Arrest
3. Probable Cause to Carroll v. United States
Search
4. Probable Cause to Where the facts and circumstances within the oflcer's knowledge,
and of which
Arrest they have reasonable trustworthy information, are suflcient in themselves
to warrant a belief by a man of reasonable caution that a crime is
being committed.
5. Probably Cause
to Search Exists when the facts and circumstances within their [the oflcers'] knowledge
and of which they had reasonably trustworthy information [are]
suflcient in themselves to warrant a man of reasonable caution in the
6. United States belief that [seizable property would be found in a particular place or on
v. Sokolow a particular place]
Reasonable suspicion is based upon the totality of the circumstances and is
less burden than probable cause.
7. Mere Suspicion: A hunch or the feeling of intuition. Although intuitively knowing
something is
undoubtedly a skill that serves law enforcement oflcers well, mere
suspicion is insuflcient proof of any fact in a court of law.
8. PC 2.02: Exception a) An exception to an ottense in this code is so labeled by the phrase:
"It is an
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13
, BPOA 213 - Chapter 10: Arrest, Search, And
Seizure
exception to the application of. "
b) The prosecuting attorney must negate the existence of an exception
in the accusation charging commission of the ottense and prove
beyond a reasonable doubt that the defendant or defendant's conduct
does not fall within the excep- tion.
2/
13
Seizure
1. PC 2.01: Proof
All persons are presumed to be innocent and no person may be
Be-
yond a convicted of an ottense unless each element of the ottense is proved
Reason- able beyond a reasonable doubt. The fact that he has been arrested,
Doubt confined, or indicted for, or otherwise charged with, the ottense gives
rise to no inference of guilt at his trial.
2. Probable Cause to Brinegar v. United States
Arrest
3. Probable Cause to Carroll v. United States
Search
4. Probable Cause to Where the facts and circumstances within the oflcer's knowledge,
and of which
Arrest they have reasonable trustworthy information, are suflcient in themselves
to warrant a belief by a man of reasonable caution that a crime is
being committed.
5. Probably Cause
to Search Exists when the facts and circumstances within their [the oflcers'] knowledge
and of which they had reasonably trustworthy information [are]
suflcient in themselves to warrant a man of reasonable caution in the
6. United States belief that [seizable property would be found in a particular place or on
v. Sokolow a particular place]
Reasonable suspicion is based upon the totality of the circumstances and is
less burden than probable cause.
7. Mere Suspicion: A hunch or the feeling of intuition. Although intuitively knowing
something is
undoubtedly a skill that serves law enforcement oflcers well, mere
suspicion is insuflcient proof of any fact in a court of law.
8. PC 2.02: Exception a) An exception to an ottense in this code is so labeled by the phrase:
"It is an
1/
13
, BPOA 213 - Chapter 10: Arrest, Search, And
Seizure
exception to the application of. "
b) The prosecuting attorney must negate the existence of an exception
in the accusation charging commission of the ottense and prove
beyond a reasonable doubt that the defendant or defendant's conduct
does not fall within the excep- tion.
2/
13
