Deck 3: Probable Cause and Reasonable Suspicion

Question 1

When an officer seeks to obtain a warrant from a magistrate,it is important that all the information necessary to establish probable cause be included in the:

A)license.
B)application.
C)affidavit.
D)statement.

Answer 1

C

Question 2

The problem of stale (or old)information arises in which of the following determinations?

A)In all arrest probable cause determinations
B)Only in search and seizure probable cause determinations
C)In all kinds of probable cause determinations
D)Only in felony arrest probable cause determinations

Answer 2

B

Question 3

In Alabama v.White,the U.S.Supreme Court held that an anonymous tip supplemented by could establish reasonable suspicion.

A)information from another anonymous informant
B)hearsay information
C)corroboration by independent police work
D)an affidavit by the officer who received the tip

Answer 3

C

Question 4

Which of the following is one of the three ways that probable cause can be established?

A)Information given by an unreliable third person
B)Illegally obtained evidence
C)Information plus corroboration
D)None of the answers are correct.

Question 5

The issuance of a warrant ensures a more orderly procedure and is a better guarantee that probable cause is,in fact,present because it has been reviewed by a(n):

A)educated legal mind.
B)subjective and detached magistrate.
C)neutral and detached magistrate.
D)subjective and benign magistrate.

Question 6

The two definitions of probable cause are:

A)real and legal.
B)legal and practical.
C)practical and impractical.
D)None of the answers are correct.

Question 7

A trial court's determination of probable cause can be reviewed by a(n)court if the case is appealed.

A)appellate
B)alternate
C)exclusionary
D)none of these

Question 8

Which of the following types of informants are considered reliable?

A)An ordinary citizen
B)A known criminal
C)An ex-felon
D)Children

Question 9

Which of the following does not require probable cause?

A)Conviction
B)Arrest
C)Search or arrest warrant
D)Stop and frisk

Question 10

In determining probable cause,the term "man of reasonable caution" is best interpreted using the standard of an "objectively reasonable police officer," may be found in which case?

A)Maryland v.Pringle (2003)
B)Alabama v.White (1990)
C)Miranda v.Arizona (1966)
D)Brinegar v.United States (1949)

Question 11

Which of the following does the Court consider when evaluating information given by informants?

A)The quality of the information
B)The credibility of the information
C)The staleness of the informant
D)Both quality and credibility of the information

Question 12

The concept of can be defined as existing "when the facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information sufficient in themselves to warrant a man of reasonable caution in the belief."

A)proof beyond a reasonable doubt
B)reasonable suspicion
C)absolute certainty
D)probable cause

Question 13

Which amendment is most concerned with probable cause?

A)The First
B)The Fourth
C)The Fifth
D)The Sixth

Question 14

Which of the following would police officers consider to be an advantage of obtaining a warrant?

A)Precludes judicial review of the existence of probable cause in a criminal case
B)Could be a defense in a civil suit against the officer
C)May preclude the operation of the exclusionary rule in a civil suit against the officer itself
D)Is enough evidence to warrant sending the case to the grand jury

Question 15

In testing for the existence of a reasonable suspicion,officers and judges apply:

A)the totality of the circumstances test.
B)only the Aguilar reliability of informant prong.
C)only the Aguilar reliability of information prong.
D)both prongs of the Aguilar test.

Question 16

Probable cause has a:

A)legal definition.
B)practical definition.
C)both legal and practical definition.
D)None of the answers are correct.

Question 17

What level of proof is required for an officer to conduct a stop and frisk?

A)A mere suspicion or hunch
B)A reasonable suspicion
C)Probable cause
D)Proof by a preponderance of the evidence

Question 18

For probable cause purposes,information provided by identified,ordinary citizen eyewitnesses or other police officers

A)is usually presumed reliable.
B)must satisfy only the Aguilar reliability of informant prong.
C)must satisfy only the Aguilar reliability of the information prong.
D)must satisfy both Aguilar prongs.

Question 19

The standard definition of probable cause,and which established the reasonableness test,can be found in the U.S.Supreme Court's 1949 decision,v.U.S.

A)Brinegar
B)White
C)Searcy
D)Cosmo

Question 20

Originally,the term "man of reasonable caution" referred to:

A)lawyers.
B)police officers.
C)ordinary men.
D)judges.

Question 21

Various areas of law enforcement have the same definition of probable cause but they have a different:

A)definition.
B)type of evidence.
C)focus.
D)measurement.

Question 22

How many ways are there to establish probable cause?

A)One
B)Two
C)Three
D)Four

Question 23

The original term "man of reasonable caution" refers to:

A)police officers.
B)the average "man on the street."
C)judges.
D)university professors.

Question 24

Which case established that there is no requirement under the Fourth Amendment that the offense establishing probable cause for an arrest be "closely related" to or "based on" the same conduct as the offense for which the defendant was initially suspected was:

A)Spinelli v.United States.
B)Devenpeck v.Alford.
C)Brinegar v.United States.
D)Illinois v.Gates.

Question 25

In some jurisdictions,the absence of probable cause in a warrant must be established by the defendant through:

A)reasonable suspicion.
B)probable cause.
C)clear and convincing evidence.
D)proof to an absolute certainty.

Question 26

An initial determination of probable cause by a police officer may be subject to review by the court if the defendant files a motion to:

A)throw out evidence.
B)exclude evidence.
C)include evidence.
D)suppress evidence.

Question 27

Probable cause and reasonable suspicion differ in degree of:

A)knowledge.
B)difficulty.
C)certainty.
D)evidence.

Question 28

In establishing probable cause,officers may rely on their:

A)intuition.
B)experience.
C)standard operating procedures.
D)experiences of others.

Question 29

If an officer uses information from an undercover informant who is engaged in criminal activity to establish probable cause,the Fourth Amendment requires in all cases that the officer:

A)reveal the informant's identity to the defendant.
B)reveal the informant's identity to the judge.
C)provide some information to support the informant or the informant's information.
D)provide some information as to why the prosecutor believes the informant.

Question 30

The two-pronged test established in the Aguilar and Spinelli cases was later replaced by what test?

A)Probable cause test
B)Reasonable suspicion test
C)Consideration test
D)Totality of the circumstances test

Question 31

An officer can use which of the following to establish probable cause?

A)The officer's own knowledge of particular facts and circumstances
B)Information given by a reliable third person
C)Information plus corroboration
D)All of the answers are correct.

Question 32

When an appellate court reviews the issue of the existence of probable cause,it must:

A)accept the conclusion of the police officer if that conclusion was subjectively reasonable.
B)accept the conclusion of the magistrate who issued the warrant.
C)accept the conclusion of the trial judge who heard the motion to suppress evidence.
D)make its own independent determination of probable cause.

Question 33

Most courts have held that when an ordinary citizen who is a victim or eyewitness provides information

A)officers can assume the citizen is a reliable informant.
B)the reliability of the citizen must be established.
C)the reliability of the citizen is tested by the same rules as for confidential informants engaged in criminal activity.
D)the information must be in a sworn statement before the officer can legally rely on it.

Question 34

The practical definition of probable cause is that the allegation has more than a:

A)25 percent certainty of being correct.
B)50 percent certainty of being correct.
C)60 percent certainty of being correct.
D)95 percent certainty of being correct.

Question 35

In Illinois v.Gates (1983),for probable cause determinations,the U.S.Supreme Court:

A)adopted the Aguilar 2-prong test.
B)eliminated the Aguilar reliability of informant prong.
C)eliminated the Aguilar reliability of information prong.
D)adopted the totality of the circumstances test.

Question 36

In Alabama v.White (1990)the U.S.Supreme Court held that an anonymous tip that was substantially corroborated by independent police work could:

A)be sufficient to constitute reasonable suspicion.
B)never be sufficient to constitute reasonable suspicion.
C)be sufficient to constitute probable cause.
D)never be sufficient to constitute probable cause.

Question 37

The legal definition of probable cause states that it is more than:

A)clear and convincing evidence.
B)reasonable suspicion.
C)bare suspicion.
D)circumstantial evidence.

Question 38

If there is one legal term with which police officers must be thoroughly familiar,it is:

A)preponderance of the evidence.
B)probable cause.
C)proof.
D)obtuse.

Question 39

Which of the following is true regarding the definition of probable cause?

A)In some areas of law enforcement the focus may differ.
B)The definition often varies from one jurisdiction to another.
C)There is no "set" meaning to it.
D)Both the definition and the meaning of probable cause may differ with differing jurisdictions.

Question 40

In U.S.v.Leon,the U.S.Supreme Court held that information five months old was stale and could not be used to establish:

A)reasonable suspicion.
B)arrest probable cause.
C)proof beyond a reasonable doubt.
D)search probable cause.

Question 41

When may Officer Jimenez be required to disclose the identity of criminal informant Carlos?

A)When the informant's identity is material to guilt or innocence
B)When the defendant requests the identity
C)When the officer obtains a search warrant
D)Never

Question 42

Probable cause and reasonable suspicion differ in the degree of and are used in different situations.

Question 43

The v.Texas case dealt with the problem of probable cause based on information from a confidential
informant engaged in criminal activity.

Question 44

What should Officer Adams' next step be?

A)Go to a magistrate and seek a search warrant.
B)Knock down the door,enter,and arrest Cathy.
C)Wait for Cathy to come out of the apartment and then arrest her.
D)Enter the apartment and begin a thorough search for drugs.

Question 45

What is a personal reason why Officer Adams would seek a search warrant?

A)There is no personal reason
B)Help get a promotion
C)Defense in a civil case
D)Afraid of being shot by Cathy

Question 46

To justify an arrest an officer must at least have .

Question 47

The first probable cause determination in a warrant case after the magistrate issues the warrant,will usually be made by the trial judge after a hearing on a motion to suppress .

Question 48

Probable cause can be established in ways.

Question 49

How will the court measure whether Officer Peabody has probable cause to arrest the student?

A)The test of reasonable suspicion
B)Whether the officer actually saw drugs
C)Whether the officer smelled drugs
D)Using the test of reasonableness

Question 50

What is Officer Adams seeking to obtain by observing the apartment and picking up the baggie?

A)Corroborating evidence
B)Clear and convincing evidence
C)Reasonable suspicion
D)None of the answers are correct.

Question 51

To justify a stop and frisk an officer must at least have .

Question 52

The probable cause requirement in police work is based on the Amendment to the U.S.Constitution.

Question 53

What is the first prong in the Aguillar two-prong test that Officer Jimenez will evaluate?

A)Reliability of the drug test
B)Reliability of the informant's information
C)Reliability of the informant
D)None of the answers are correct.

Question 54

What is the Gates standard for probable cause here?

A)Separate and independent
B)Totality of circumstances
C)Preponderance of the evidence
D)Clear and convincing evidence

Question 55

What is the second prong of the Aguillar two-prong test that Officer Jimenez will evaluate?

A)Reliability of the drug test
B)Reliability of the informant's information
C)Reliability of the informant
D)None of the answers are correct.

Question 56

When an appellate court makes its own new and independent assessment of probable cause,it is termed a review de
________.

Question 57

There is a legal and a definition of probable cause.

Question 58

To obtain a warrant,the officer must convince the magistrate that the officer has information amounting to at least
________.

Question 59

To obtain a valid search warrant,Officer Peabody will need to obtain the warrant from:

A)the chief housing officer.
B)a magistrate.
C)the local prosecutor.
D)the city police chief.

Question 60

Probable cause exists when an officer has trustworthy evidence sufficient to make "a " think it more likely than not that the proposed arrest or search is justified.

A)reasonable person
B)reasonable police officer
C)judge
D)jury

Question 61

Probable cause has both a definition and a practical definition.

Question 62

In ,the probable cause concerns are whether the items to be seized are connected with criminal activity.

Question 63

The term refers to the average man or woman on the street.

Question 64

In arrests without a warrant,the makes the initial determination of probable cause.

Question 65

Stale evidence is a problem only for probable cause to .

Question 66

Reasonable suspicion has a degree of certainty than probable cause.

Question 67

Probable cause may be established by an officer's own of facts and circumstances.

Question 68

Information establishing probable cause must be reasonably _.

Question 69

The U.S.Supreme Court has stated that probable cause requires only the probability and not a prima ________
showing.

Question 70

The average man or woman on the street in the law is called .

Question 71

Probable cause and reasonable suspicion are based on "totality of ".

Question 72

The only contacts or encounters with the police which require probable cause or reasonable suspicion are those which involve an unreasonable .

Question 73

Both stops and arrests are of persons.

Question 74

In arrests with a warrant,the makes the initial determination of probable cause.

Question 75

Probable cause is required in areas of police work.

Question 76

In ,the probable cause concerns are whether an offense has been committed.

Question 77

In searches without a warrant,the makes the initial determination of probable cause.

Question 78

Hearsay information from an informant can establish probable cause,provided it is by a police officer.

Question 79

An arrest is a form of .

Question 80

Level of proof is the degree of certainty required by law for an act to be _.