‘Candid Camera’ and quantitative Froot Loops
Ask Judge Smith
Judge Layne Smith
Q. Judge Smith, how can there be probable cause to arrest someone if no one witnessed the alleged crime? – Gerri
A. Probable cause to arrest depends on facts and reasonable inferences. It can be based on circumstantial evidence, admissions against interest or eyewitness testimony.
Judges sign arrest warrants when, under the totality of the circumstances, a reasonable person would believe that a crime has been committed, and the defendant is the one who did it. This standard is a low threshold.
Let’s consider three examples where probable cause is based on circumstantial evidence or an admission of incriminating facts.
Example 1:
Someone burglarized Mr. Baker’s home by breaking a window, gaining entrance to the home through it and stealing a television while inside. Nobody saw who did it, but the perpetrator cut herself in the process and left a trail of blood throughout the house. DNA testing indicates that the bleeder was Cleo Clepto, and thus probable cause exists to arrest Miss Clepto.
Example 2:
Miss Jones bought a dress through an online website and had it shipped to her front door. FedEx delivered the package while she was at work. Miss Jones never authorized anyone to remove the package from her doorstep. Notwithstanding, Bad Bart did. No one saw him do it, but unbeknownst to Bart, Miss Jones’ front porch is under video surveillance. Smile, Bart, you’re on “Candid Camera,” and probable cause exists to arrest you.
Example 3:
Billy and Bobby Kowalski are identical twins, and both are known as local hotheads. Last weekend, several witnesses saw one of them batter another patron at Bullwinkle’s. Law enforcement wasn’t sure which brother to charge until Billy admitted “getting buzzed at Bullwinkle’s on Saturday night and punching a Miami fan.” Based on his admission, probable cause exists to arrest Billy.
Q. Judge Smith, according to the ingredients listed on the side of a box of Froot Loops, the cereal doesn’t contain any fruit. Have I been duped? – Moe
A. Have you heard the term “caveat emptor,” which is Latin for “buyer beware”? That applies here. As long as the ingredient list is accurate, you haven’t been duped. Besides, Froot Loops didn’t promise you fruit, it promised you the flavor of fruit, which is a subjective matter of taste. Your purchase didn’t involve a bait and switch and either you like Froot Loops or you don’t.
It is a good thing you didn’t ask me about Lucky Charms, because I harbor serious doubts they are magically delicious.
The Honorable J. Layne Smith is a Circuit Judge and the author of the international bestselling book “Civics, Law, and Justice — How We Became U.S.” Email your questions to askjudgesmith@gmail.com.
