Probable cause to search is established when what is sufficient to warrant a belief that seizable property is found?

Prepare for the TCOLE BPOC – Arrest, Search and Seizure Test with engaging study materials. Utilize flashcards and multiple-choice questions equipped with hints and explanations to enhance your readiness for the exam!

Probable cause to search is established when there are facts and circumstances within the officer's knowledge that are sufficient to warrant a belief that seizable property is present. This means that the officer has gathered specific, articulable facts based on their observations, training, or experiences that would lead a reasonable person to conclude that there is a likelihood of finding evidence of a crime or contraband at a particular location.

In this context, reliance on witness credibility can be a factor, but it alone cannot establish probable cause without corroborating facts. Officer's intuition, while significant in some instances, is subjective and not a definitive basis for probable cause without supporting evidence. Evidence collected at the scene can contribute to establishing probable cause but does not serve as a standalone basis for it prior to the search. Therefore, the facts and circumstances known to the officer are the foundational elements that contribute to establishing the necessary probable cause for a search.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy