Reference no: EM133371495

Jonathon Cook, a police officer working for the Tucson, Arizona Police Department received information from the New Mexico State Police and the United States Drug Enforcement Administration that Clarence Romero was suspected of being a major seller of heroin. Officer Cook verified through city records that Clarence Romero owned a residence in Tucson, Arizona.

Two months later, a DEA agent notified Officer Cook that she had received a tip from an anonymous informant which was presumed to be a criminal. The informant stated that Romero had flown that morning from Albuquerque to Tucson to purchase a half-kilo of heroin and that he would probably ask a second person to return the heroin to Albuquerque on American Airlines flight 239 at 2:50 pm the same day.

Officer Cook went to the Tucson International Airport where he learned that C. Romero had a reservation on American Airline flight 239. The officer then observed Joseph Reading, whom he knew to be Romero's associate, board American Airlines flight 239. The American Airlines ticket agent informed Officer Cook that Reading's ticket bore the name C. Romero. Officer Cook boarded the plane, arrested Mr. Reading, searched him, and found heroin.

1. What articulable facts did Officer Cook have in developing probable cause to arrest Mr. Reading?

2. Which of the three ways of developing probable cause does this case fall under? Justify your answer.

3. Consider this scenario under both the two-pronged test (i.e., separate and independent test) established in Aguilar and the modification made in Gates (i.e., totality of the circumstances test). Is this a case in which the strength in one prong compensates for weakness in the other? Justify your answer.