Arrest, Search, and Warrant

Definitions

Fourth Amendment to the United States Constitution: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Arrest. To deprive a person of his liberty by legal authority to answer a civil or a criminal demand. Arrest is accomplished by some act by the officer indicating intention to detain or to take the person into custody and thereby subjecting that person to the control and will of the officer.

Arrest Warrant. A written order issued by the court, that is made on behalf of the state or United States. It is based upon a complaint issued pursuant to statute and/or court rule, and it commands law enforcement officer to arrest a person and bring him before a magistrate.

Search. Looking for or seeking that which is concealed from view.

Search Warrant. A written order issued by a justice or other magistrate, on behalf of the state or United States. It directs an officer, authorizing him to search for and seize any property that constitutes

• evidence of the commission of a crime,

• contraband,

• the fruits of crime,

• things otherwise criminally possessed, or

• property designed or intended for use which is or has been used as the means of committing a crime.

Probable cause is required for arrests, searches, and warrants. In 1983, the United States Supreme Court (Illinois v. Gates) defined the requirements to meet probable cause. Specifically, the decision said

• the totality of the circumstances are to be used,

• probable cause is to be viewed as a set of probabilities, and

• a deficiency in one probability can be compensated by the probability in another.

The requirements expressed by the United States Supreme Court have been implemented for the first time by FactLogic.

FactLogic allows you to compare potential suspects. It determines and quantifies the probability of responsibility, the accuracy of your decision can be demonstrated, and it can be substantiated by the judgments of others:

Accurate Decision. FactLogic uses your judgments about independent facts and combines them according to the laws of probability. You can now make decisions with an accuracy never before possible.

Substantiated Decision. A definition of probable cause refers to " ... circumstances which would lead a reasonably prudent man to believe in guilt of the arrested party." If you enlist the independent judgments of others, you can develop a more accurate probability of responsibility with which to compare to probable cause. If substantiated by others, your decision is easier to defend as being that of a "reasonably prudent man." The accuracy of your decision depends upon the number of independent judgments and their variation; hence, your estimate of the probability of responsibility can be as accurately as you choose.

Summary

The United States Supreme Court recommends determining probable cause by a method such as provided by FactLogic. FactLogic uses your judgments about independent facts to help you to justify arrests, searches, and warrants and to set bail. It provides a result that tends to be more trustworthy than intuition and tends to be that of "a reasonable man."

Single Fact Finder. FactLogic determines the probability of responsibility.

More than One Fact Finder. FactLogic determines the probability of responsibility with accuracy that is available from multiple fact finders. It allows you to be more certain of

• the probability of responsibility, and

• the comparison of the probability of responsibility to probable cause.