A convenience store is robbed by a white male approximately 21 years old who was wearing a Liberty University baseball cap and t-shirt. The victim cashier’s description is consistent with the store’s poor quality security camera image. The store’s security camera image does not add or detract anything from the victim’s statement.

 

Two days after the robbery, a local police officer observed a vehicle in the vicinity of the convenience store which displayed a Liberty University student parking sticker. The officer stopped the vehicle and asked the student to produce a driver’s license. The student’s physical description and clothing matched that of the robber. The student claimed that he was shooting “hoops” alone on Liberty University's campus at the time of the robbery. After identifying the driver as John Smith, the patrol officer released the driver. A photograph of John Smith was obtained and entered into a photo array that was shown to the victim cashier. The victim cashier identified Smith as the robber.

 

Solely based on the fact pattern of this fictional incident, please provide an answer and an explanation of your answer to the following question. Your answer must not incorporate any additional information to the fact pattern, but it may incorporate references to case law.

 

Do you believe law enforcement has probable cause to obtain an arrest warrant for Smith? Why?