Code of Criminal Procedure · U.S. Supreme Court, 1949

Brinegar v. United States

Brinegar v. United States is a 1949 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.

Key points

  • Facts and circumstances known to the officer
  • Plus reasonably trustworthy information
  • Sufficient to warrant a person of reasonable caution to believe an offense was committed by the suspect
  • Totality of the circumstances

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Worked examples

Worked example 1

Probable cause to arrest exists when:

  1. The officer has a hunch the suspect committed a crime
  2. Facts and circumstances within the officer's knowledge — and of which the officer has reasonably trustworthy information — are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed by the suspect Correct
  3. The officer believes the suspect 'looks suspicious'
  4. Anyone reports the suspect
Why: Probable cause is more than reasonable suspicion but less than the trial standard. It is a totality-of-the-circumstances test based on facts within the officer's knowledge plus reasonably trustworthy information.
Statute: Brinegar v. United States; Beck v. Ohio; Texas case law