Affidavit Of Probable Cause Summary

Case Facts: Roy Caballes was stopped for speeding by an Illinois state trooper Daniel Gillette. During the traffic stop another state trooper Craig Graham of the Illinois State Police Drug Interdiction Team, overheard the stop on the radio and showed up to the scene with a narcotics detection dog. While the first trooper was writing Roy Caballes a warning ticket for speeding the second trooper walked around Roy’s car with the narcotics detection dog. The dog alerted that it had detected narcotics at the rear end of the car which subsequently led to the state troopers searching the trunk of the car. Upon searching the trunk of the car the state troopers found a large quantity of marijuana which consequently led to the arrest of Roy Caballes. The entire incident lasted no longer than 10 minutes. Roy Caballes was convicted of a narcotics offence and was sentenced to 12 years in prison and ordered to pay a $256,136 fine.

In Benters a reliable source told Detective J. Hastings there was an indoor marijuana growing operation at 527 Currin Road in Henderson, North Carolina, and Glenn Benters owned the property but was not living there. Benters at 662, 766 S.E.2d at 596 (2014). Hastings obtained a subpoena to look at the utility use for the property and discovered that it was indicative of a marijuana growing operation. Id. Hastings and Officer Joseph Ferguson traveled to Benters’ property and saw tools used for marijuana growing outside the premises. Id. After that observation, they conducted a knock and talk on the back door. Id. at 662, 766 S.E.2d at 596-597 (2014). After no answer, Ferguson walked to a building where music was playing and smelled

Facts: Defendant Wardlow was seen holding a “opague bag”by Officer Nolan. Officer Nolan was driving with fours car, his being the last one. The cars were in a “heavy narcotics trafficking area” examining the area for “drug transactions.” Wardlow saw the police cars and fled the area, even though Wardlow was not doing anything “suspicious.” Officer Nolan seeing the defendant flee, chased and caught the defenfent. When caught officer Nolan did a “protective pat down search for weapons.” Officer Nolan looked at the bag, opened it and found a gun. Wardlow was then arrested by Officer Nolan. Wardlow’s attorney filed a “motion to suppress” the gun, under the action of an “lawful stop and frisk.” The motion was denied by The Illinois Trial Court.

A former officer from the Newton Police Department was recently in the news for having committed a crime. The former officer’s name is Jason R. Miller and he was arrested for having exposed himself to passing vehicles. Jason Miller was a police officer for the Newton Police Department for approximately 14 years. The Newton Police Department, in Newton, New Jersey, received a couple anonymous complaint about the former officer and they started their investigation into the allegation. Miller is said to have committed these offenses over a seven month period in late 2014. The Newton Police Department gathered evidence from multiple videos, retrieved from the dashboard camera of his police cruisers, and then took disciplinary actions. The complaint affidavit against Jason Miller also states that the targets of his actions were young male motorists that were stopped.

Facts: August 7, 1999, a car occupied by three men, Donte Partlow (driver and owner of vehicle) accused Pringle (front seat passenger), and Otis Smith riding in the back seat, were ultimately pulled over by a police officer for driving over the speed limit. Upon the officer approaching the vehicle, he asked to see Partlow’s license and registration, and as the defendant opened his glovebox, a fairly large sum of money was exposed in the amount of $763. The officer then returned to his patrol car to check Parlow’s license to ensure he had no warrants of anything outstanding, Partlow came out clear, so he issued Partlow a verbal warning. Upon arrival of the second officer he asked if they minded he search the vehicle, Partlow had no issues and agreed to the search. The police not only found the $763 in the glove compartment but also five glassine Baggies of cocaine stashed behind the backseat armrest. The officers questioned the men as to who the cash and drugs belong too, none of them took ownership, the officers advised them that if no one claim the drugs and cash as theirs, they all would be arrested and charged. So, all three were arrested and taken to jail. Later on, in the morning Pringle decided he would waived his Miranda rights, then made a full verbal and written admission that the cash and drugs were his

Morris, 331 N.W.2d 48, 53 (N.D. 1983)); Florida v. Adkins, 96 So. 3d 412, 414 (Fla. 2012) (discussing the difference between actual and constructive possession); Brent v. State, 957 N.E.2d 648, 648, 652 (Ind. Ct. App. 2011) (holding that the defendant did not have actual or constructive possession of a bag of drugs located on the ground, beside a vehicle, that the defendant was in); Hunter v. Commonwealth, 690 S.E.2d 792, 794, 799 (Va. 2010) (holding that the evidence would have supported a charge of constructive possession of a firearm when the defendant/passenger stated that the gun located in the driver’s glovebox was his, but he was not charged with that crime); Martinez v. State, 152 P.3d 1237, 1243 (Idaho Ct. App. 2007) (holding that the defendant’s case must be reversed because he was not aware of the required mental state to plead guilty to constructive possession); Campbell v. People, 73 P.3d 11, 14 (Colo. 2003) (holding that the State must prove that the accused had actual or constructive possession of the drug); Washington v. McPherson, 46 P.3d 284, 291 (Wash. 2002) (holding that the defendant had actual possession of drugs found in another person’s pocket under the accomplice liability theory); Sims v. Alabama, 733 So. 2d 926, 929 (Ala. Crim. App. 1998) (holding that the defendant had actual possession of the drugs located under the driver’s seat of a vehicle he

Plaintiff claims false arrest and malicious prosecution. Plaintiff states he was arrested for criminal possession of marijuana however no marijuana was recovered. PO Hernandez, PO Bonet, and PO Heredia were members of the anti-crime in PSA 6. Officers observed via Viper camera plaintiff and two other apprehended individuals smoking marijuana in the park behind a housing project. Officers approached plaintiff and two individuals and conducted a stop and frisk. Officers did not recover any contraband or marijuana was recovered. Plaintiff and the two individuals were transported to the precinct where a bag of marijuana was recovered during a search at the precinct. Officers could not determine ownership of the marijuana therefore all three were

For example: Max is pulled over by a police officer who saw his car weaving on the roadway. The officer asks Max for his drivers’ license, and notices a strong smell of marijuana coming through the open window. Having asked Max to get out of the car, the officer then notices both a strong smell of alcohol on Max’s breath, and tiny green flakes on his shirt. The officer detains Max based on a reasonable suspicion that Max is under the influence of alcohol and drugs.

What were the strong and weak points of each side? Each side had strong and weak points. A strong point that was made for the prosecution was that the people even little kids got tortured during work and nothing was done about it. In Paddy McDowell’s Affidavit, he says, “You could always tell if there was a steel mill in town, because you'd see men with no hands, missing arms,legs, and you see kids too, with terrible injuries because you could work in the steel mills as a kid.” Paddy McDowell and other people would all witness the same things and injuries that were happening in the steel mills.

Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems of Elliot Watson’s vehicle, which was sputtering and stalling out, and the vehicle also fit the description of a vehicle, a sports coupe, that had earlier, was used to kidnap a three year old young girl, Wanda Jones,

In plain view, DSG McNulty observed Dawn Hollingsworth pass what he believed was a red marijuana smoking pipe to Catalin Lascu. DSG McNulty approached the driver’s side of the vehicle and identified himself as a member of the NJSP to the occupants. He immediately recognized the same red marijuana smoking pipe on the lap of Catalin Lascu. He also detected the odor of burnt marijuana emanating from the vehicle. DSG McNulty ordered Catalin Lascu out of the vehicle and afterwards, he was arrested, handcuffed, and searched with negative results, prior to being placed in the rear of Troop Car #368. He was then advised of his rights as per Miranda and indicated he understood. A probable cause search of the vehicle was positive for CDS marijuana, which was located in the center console of the vehicle. Catalin Lascu claimed ownership and was charged accordingly for possession of marijuana under 50 grams and possession of drug paraphernalia. I found the investigation report consistent with DSG McNulty’s formal statement with the lone exception being that the investigation report failed to note DSG McNulty had any interaction with Dawn Hollingsworth at the scene.

The First Appearance- this is the step where someone is brought before the judge and the defendant is informed of the charges that against him or her, rights advisement, right to have a lawyer or if they can’t afford one , then they have one chosen to represent them, and if possible have the right for bail. This pretrial activity takes place in a magistrate court. Probable cause determination is when a judicial officer will look and check police documents and make sure they obtained reasonable evidence that can be supported in the cause of the arrest. If probable cause is not presented in the court then the defendant is released. Probable cause determination is a key part in the first appearance.

Officer had probable cause to affect a traffic stop after he observed defendant following too closely. Defendant's and passenger's behavior after stop provided reasonable suspicion to expand the detention, and a positive drug dog sniff provided basis for search of vehicle.

3. The arresting officer thought Hansen was there with the suspect, that there was reasonable cause that the suspect had a marijuana cigarette, and that there was probable cause to believe both of them were smoking that marijuana cigarette. The officer said in his past experience when two or more people are seated next to each other, it's common that they all pass around a cigarette and smoke it together. He also said that probable cause is a "practical, non-technical conception,” but that does not make this a lawful arrest. Probable cause to arrest someone without a warrant exists if the arresting officer knows facts and circumstances that will justify the belief to a reasonable person that the individual arrested had committed a felony. The

ON 09-03-2016 at 0930 hours, I was notified by Sgt Kelley of an aggravated battery which occurred at 2111 Roanoke Springs Drive. I was advised to respond to St. Joseph’s Hospital (South) at 6901 Simmons Loop in Riverview. Upon my arrival, I met with Sgt. Kelley, Deputy Karpenske # 249578 and Crime Scene Tech Dewitt. There was a black 2013 Nissan Maxima bearing Florida tag, DGV F36, parked in the emergency room parking bay. I learned the suspect, Joanna Lebrea Lewis had driven the car to the hospital for treatment of the injuries sustained during the offense. It was learned that verbal consent had been obtained from both the victim and suspect to search their residence and vehicle. It was also learned the victim, Marieio Denod Spradley,