Warrantless Arrest Probable Cause In Delaware
Warrantless arrest definition:
In a Warrantless Arrest, the applicable statute provides as follows:
Sec. 1904. Arrest without warrant.
(a) An arrest by a peace office without a warrant for a misdemeanor is lawful whenever the officer has reasonable ground to believe that the person to be arrested has committed a misdemeanor;
(1) In the officer's presence.
"Probable cause is measured 'not by precise standards, but the totality of the circumstances through a case by case review of the factual and practical considerations of everyday life in which reasonable and prudent men, not legal technicians act."
See, Beechem v. State, Del. Supr., 633 A.2d 368 (1993); Maxwell v. State, 624 A.2d at 928 (quoting Illinois v. Gates, 462 U.S. 213, 231, 76 L. Ed. 2d 527 103 S.Ct. 2317 (1983).
"Probable cause 'is an illusive concept which avoids precise definition . . .' It lies somewhere between suspicion and sufficient evidence to convict." State of Delaware v. Massenberg (1993);
Hovington v. State (1992) (quoting State v. Cochran, Del. Supr., 372 A.2d 193, 195 (1977).
"Indeed, the United States Supreme Court has concluded the probable cause must be measured by the "totality of the circumstances." Illinois v. Gates, 462 U.S. 213, 231 76 L. Ed. 2d 527, 103 S.Ct. 2317 (1983) and "thus, such a determination requires a case-by-case review of the factual and practical considerations of everyday life in which reasonable prudent men, not legal technicians act." Hovington, 616 A.2d at 833 (quoting Illinois v. Gates, supra) and when making this determination, the Court may consider the "collective knowledge and information of all the officers involved."
United States v. Woolbright, 831 F.2d 1390, 1393 (8th Cir. 1987), citing United States v. Rose, 541 F.2d 750, 756 (8th Cir. 1976) cert. denied, 430 U.S. 908, 51 L. Ed. 2d 584, 97 S.Ct. 1178 (1977) and United States v. Briley, 726 F.2d 1301, 1305 (8th Cir. 1983).
As set forth in State v. Massenberg, Del. Super (1993), the following applies:
A determination of probable cause inevitably turns on the specific facts of each case, courts have recognized certain factors, the presence of which, although not dispositive, will support a conclusion that probable cause exists.
First, the totality of circumstances must be measured through the perspective of a reasonable police officer in light of that police officer's training or experience. Baker v. State, Del. Supr. No. 34, 1986, Moore, J. (September 18, 1987) Order at 2, concluding a court must consider the totality of circumstances as viewed by a reasonable police officer in light of his training and experience and citing Beck v. Ohio, 379 U.S. 89, 13 L. Ed. 2d 142, 85 S.Ct. 233 (1964).
In addition to the police officer's experience and training, the known reputation of an area for crime is also a relevant factor. Hovington, 616 A.2d at 833. Such is not the case here.