Under what condition can stale information be used to support probable cause?

Under what condition can stale information be used to support probable cause?

• A. It may be used if revitalized by fresh information.
• B. It may be used only if it is less than 24 hours old.
• C. It can never be used to support probable cause.
• D. It must be independently verified by a second officer

Answer: (C)

The key idea here is that police must have probable cause based on facts and circumstances that are current and reliable at the moment the action is taken. Stale information—facts that were true in the past but may no longer reflect what is happening—loses its probative value, because the situation could have changed, people could have moved, or the initial tip could be inaccurate. Without current, dependable information, there isn’t a fair probability that a crime is being committed or has just occurred, so stale information by itself cannot support probable cause. The other options suggest ways stale information could be refreshed or time-bound requirements that aren’t necessary for proving probable cause; the rule taught in this context is that old information alone isn’t enough to establish probable cause.