Nancy called 911 late one night and stated that there was a man in her backyard looking in her daughter's window. She was unable to give a description of the man. Officer Oliver arrived at the scene 10 minutes later. He went into the back yard and observed Pat standing about 15 feet from the house. He arrested Pat for violation of a penal code section that applies to voyeurism, a misdemeanor. Pat was transported to the city jail. Officer Randall, the booking officer, searched the backpack that Pat was carrying and found a magazine containing child pornography. Could Officer Oliver legally arrest Pat for voyeurism?
A) Yes, Officer Oliver had enough facts to establish reasonable suspicion that Pat was peeping into Nancy's window.
B) Yes, Nancy's 911 call establishes probable cause that Pat was peeping into a bedroom window.
C) No, the fact that Officer Oliver found Pat in the backyard 15 feet from the house is not sufficient to establish probable cause he was peeping into the window.
D) No, Officer Mertz cannot make an arrest unless an eye witness can identify Pat as the person who was peeping into the window.
Correct Answer:
Verified
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