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Arrest, Search, and Warrant

Make an accurate decision, and defend it as thoroughly as you choose.

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 determines and quantifies the probability that an assertion is true, 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 an assertion is true 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 an assertion is true can be as accurately as you choose.

As a law enforcement officer, you are responsible to your supervisors and the public to make accurate decisions, organize and document your information, and justify your decisions. FactLogic allows you to do this. 

For the purpose of arrests, searches, and warrants, a case consists of one or more independent facts, one or more assertions, and the standard of proof called probable cause. (Two facts are independent if knowing that one fact exists does not change your judgment of the other fact.) An assertion is a statement to be proved - such as an allegation, charge, cause of action, hypothesis, etc. Independent facts are judged to evaluate assertions.  FactLogic allows you to judge facts as being either incriminating or exculpatory. An assertion is evaluated as the probability it is true. FactLogic provides the logical evaluation of  an assertion and lets you compare it to probable cause.

You can easily create your case and evaluate it.

  • Create Your Case.  Enter some case information, one or more assertions, and the independent facts.

  • Evaluate Your Case. You can immediately evaluate your case and/or you can randomly assign officers to independently evaluate it. Officers can be collocated or dispersed. Factlogic combines multiple evaluations and provides the statistical conclusions.

1. Evaluation

1.1 Single Officer

The most common application of FactLogic is for a single officer to determine the probability an assertion is true.  A single evaluation is always helpful and expedient, but precision is not available from a single evaluation.

1.2 Multiple Officers

You can assign multiple officers to evaluate facts and reach conclusions that are especially trustworthy and accurate. Investigators can be collocated or dispersed. FactLogic sends an e-mail message to each invited officer that contains a link to the evaluation page for your case. Each officer knows only the probabilities he/she enters (unless you chose to share the results from all officers).

  • Select Officers. If possible, select officers randomly from a population of officers that are wise and relatively knowledgeable about the facts and assertions.  The more officers the more precise will be the evaluation.

  • Obtain Independent Evaluations. Officers should evaluate the facts  independently (i.e., without communication).

2. Analysis

Statistical analysis is appropriate for arrests, searches, and warrants because officers need to know how accurately they have estimated the probability an assertion is true. FactLogic computes the average probability the assertion is true (from the participating officers), and it computes an interval, that is centered on the average, that you can be 95% confident contains the average probability the assertion is true (from the population).



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 an assertion is true.

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

  • the probability an assertion is true, and

  • the comparison of the probability an assertion is true to probable cause.


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