CRIMINAL PROCEDURE AND PROBABLE CAUSE 1 Criminal Procedure and Probable Cause CJA 364 Criminal Procedure Probable Cause CRIMINAL PROCEDURE AND PROBABLE CAUSE 2 Much debate takes place in the United States over the issue of probable cause and criminal procedure Often in the news there are events and articles that surface that explore the actions of officers and how they relate to probable cause and criminal procedure This was the case when police in an assumed undercover prostitution sting charged two women in North Attleboro at the end of July In text Citation The Events Amy Wei and Jun Mei Li s attorney claims that the police lacked sufficient evidence to charge each of them based on the report filed in the case Their attorney questioned whether or not the alleged touching of the undercover police officer actually constituted a crime as well as a conspiracy Each woman pleaded innocent after being accused of indecently touching an undercover police officer when he entered the business for a massage The officer was touched indecently and then asked If that was okay Would there be a problem North Attleboro Detective Sgt Christopher Ciccio stated during the hearing CRIMINAL PROCEDURE AND PROBABLE CAUSE 3 Allegedly she then told the officer another woman would come into the room and give him a massage It should be noted that an interpreter had to be on hand during the hearing to work as a translator for the two accused women After allegedly saying this to the officer Li then came into the room and allegedly indecently touched the officer and asked him if he was going Ciccio stated he told her to stop then paid her 60 and tipped her to give her a problem another 40 In text Citation The Defense The lawyer of the two accused women claim that his clients were not part of alleged activities of Li and the undercover police officer nor were they part of any conspiracy to offer sexual services for a fee He stated that there was never a discussion of any price or services that she had no criminal record and that she did not speak English well and brought into question the validity of the content of their conversation In text Citation Probable Cause CRIMINAL PROCEDURE AND PROBABLE CAUSE 4 Did the actions that allegedly took place dictate action for probable cause Were they an insinuation for sexual services for pay Could they merely have been a sexual advance By what means could the officer have assumed that this was an act of prostitution Probable Cause is the reasonable belief that a person has committed a crime Probable Cause 2009 What crime was committed here The fact that no discussion of price or services was vocalized does raise the question as to what the motives were The fact that the terms were not talked upon or agreed upon one could argue that the officer made a judgment call in response to what he viewed in plain view Plain sight doctrine may be defined as Something falling in the plain view of an officer who has a right to be in the position to have that view are subject to action without a warrant Plain View 2009 which could in turn dictate probable cause if left at the officers discretion The problem here is how do the alleged actions implicate motives of the accused Does indecent touching imply an act of prostitution or imply a conspiracy for a prostitution ring Probable cause dictates a reasonable belief that a person has committed a crime The test the court of appeals employs to determine whether probable cause existed for purposes of arrest is whether facts and circumstances within the officer s CRIMINAL PROCEDURE AND PROBABLE CAUSE 5 knowledge are sufficient to warrant a prudent person to believe a suspect has committed is committing or is about to commit a crime U S v Puerta 982 F 2d 1297 1300 9th Cir 1992 Probable cause exists when the facts and circumstances within the arresting officer s knowledge are sufficient to warrant a prudent person to believe that a suspect has committed is committing or is about to commit a crime United States v Hoyos 892 F 2d 1387 1392 9th Cir 1989 cert denied 489 U S 825 1990 citing United States v Greene 783 F 2d 1364 1367 9th Cir 1986 cert denied 476 U S 1185 1986 Conclusion Did the officer have probable cause to assume that the actions of the women at the massage parlor were that of an attempted prostitution solicitation Given the nature of the history of the women who had moved from New York had used dozens of aliases since 2004 and one of them had been involved with several prostitution related crimes it would be safe to assume that the officer was in full right of the Constitution to act on his prior knowledge to obtain an arrest warrant based on probable cause An exception to the warrant requirement could have been invoked if the nature CRIMINAL PROCEDURE AND PROBABLE CAUSE 6 of the act had not been so blatant and the woman involved had no such history of being involved with such acts but it was and she did The officer acted on probable cause and executed the arrest warrant directly in line with the rights of the civilian as well as in code with the Constitution References CRIMINAL PROCEDURE AND PROBABLE CAUSE 7 Internet Reference http www lectlaw com def2 p089 htm retrieved on August 14 2011 Internet Reference http www thesunchronicle com articles 2011 07 26 news 9935228 tx t retrieved on August 14 2011 Internet Reference Probable Cause and Criminal Procedure Dissecting a case Tucson Cochise County Libertarian Examiner comhttp www examiner com cochise county libertarian in tucson probable cause and criminal procedure dissecting a case ixzz1V1pCl2K2 retrieved on August 14 2011 Plain View 2009 U S constitution fourth amendment Find Law Retrieved from http caselaw lp findlaw com data constitution amendment04 04 html retrieved on August 14 2011 Probable Cause 2009 Legal definition of probable cause Electric Law CRIMINAL PROCEDURE AND PROBABLE CAUSE 8 Retrieved from http www lectlaw com def2 p089 htm retrieved on August 14 2011