This Note examines police determination of probable cause based on witness credibility. It first sets out the probable cause standard and details the relevant probable cause case law and the policy considerations behind the Fourth Amendment. Next, it examines different types of witnesses the police encounter and analyzes whether the status of the witness implies more or less credibility. Finally, it evaluates the factors that officers apply in their determination of witness credibility. This Note concludes that the status of the witness should not be determinative, but rather should be just one of the factors the police take into account when deciding whether probable cause exists.
Do the Clothes Make the Man? Implications of a Witness' Status in the Determination of Probable Cause,
28 Fordham Urb. L.J. 2005
Available at: http://ir.lawnet.fordham.edu/ulj/vol28/iss6/9