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NJ: PC to arrest and PC to search for evidence are different things

By John Wesley Hall, Jr.

Probable cause to arrest and probable cause to search are different constitutional events. Just because probable cause to arrest is lacking does not mean that probable cause to search for evidence is too. State v. Chippero, 2009 N.J. LEXIS 1415 (December 29, 2009): We join those many courts in recognizing that probable cause to arrest and probable cause to search involve distinct and not necessarily identical inquiries. A finding of probable cause as to one does not mean that probable cause as to the other must follow, nor does the lack of one compel a finding that there is a lack of support for the other. Although a probable cause determination that an individual committed a crime may increase the likelihood that the individual's residence contains evidence of the crime, a court may find a lack of probable cause to arrest an individual and yet determine that probable cause exists to search the home where that individual resides...continue to full post

Full post as published by Fourth Amendment on January 02, 2010 (boomark / email).