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Probable Cause and the Search Warrant Requirement

NCJ Number
129009
Journal
Police Chief Volume: 58 Issue: 3 Dated: (March 1991) Pages: 48-51
Author(s)
M F Brown
Date Published
1991
Length
4 pages
Annotation
This article examines the current process by which police officers establish probable cause to obtain a search warrant and determine the items to be searched for and seized as a result of the search.
Abstract
It discusses various approaches allowed by the US Supreme Court to establish probable cause including the Gates decision of 1983, the Leon decision of 1984, and information obtained through personal observations by police officers or secondary sources. A study of 172 search warrants issued in a midwestern county between 1983 and 1989 is described. The primary resources included reliable citizens, arrested informants hoping for leniency, and confidential informants. The items searched for included drugs (44.19 percent), stolen property (29.07 percent), fugitives (5.81 percent), and other (20.93 percent) items such as venison and automatic weapons.