Deck 14: Probable Cause and Arrests

Question 1

Which of the following statement is incorrect?

A) Probable cause can be established based on direct observation.
B) Probable cause can be established based on hearsay.
C) The Fourth Amendment requires that an arrest be made on probable cause.
D) Probable cause requires that an arrest be made in a reasonable fashion.
E) All of the above are correct.

Answer 1

E

Question 2

A(n) _____________ under the Fourth Amendment occurs when an individual is lawfully taken into custody.

A) detention
B) investigative stop
C) arrest
D) interrogation

Answer 2

C

Question 3

An arrest differs from a detention in which of the following ways?

A) The place where it occurs
B) The length of time that is lasts
C) The documentation that results from the encounter
D) All of the above

Answer 3

D

Question 4

According to the U.S. Supreme Court, probable cause is:

A) Based on common sense
B) Based on a practical evaluation of the totality of the facts
C) Based on law enforcement's expertise learned from their experience on the streets
D) Only b and c
E) All of the above

Question 5

Which of the following statement is correct regarding probable cause?

A) Probable cause can be based solely on an officer's intuition.
B) Probable cause is based solely on facts.
C) Probable cause can be based solely on an officer's hunch.
D) Only a and b are correct.
E) All of the above are correct.

Question 6

Direct observation is one way a police officer can establish probable cause to arrest an individual. Other ways a police officer can establish probable cause for an arrest include:

A) Hearing an incriminating remark made by the suspect
B) Smelling marijuana
C) Frisking an individual
D) All of the above

Question 7

All of the following reflect the approach the courts use in determining reliability of informants to establish probable cause, except:

A) Eye witnesses to an event are presumed reliable, and their reports may constitute probable cause.
B) Victims are presumed reliable, and their reports may constitute probable cause.
C) Reports of police officers are considered credible and may constitute probable cause.
D) Reports of informants are considered reliable and may constitute probable cause.

Question 8

The Aguilar-Spinelli test:

A) Is the modern test for evaluating whether the police may rely on an informant's report to establish probable cause
B) Permits law enforcement officers to rely on the hearsay report of an informant so long as the officer can meet two "commonsense conditions"
C) Replaced the "totality of the circumstances" test established in Illinois v. Gates
D) All of the above

Question 9

The "totality of the circumstances" test:

A) Is the modern test for evaluating whether the police may rely on an informant's report to establish probable cause
B) Permits law enforcement officers to rely on the hearsay report of an informant so long as the officer can meet two "commonsense conditions"
C) Modified the Aguilar-Spinelli test established in Aguilar v. Texas
D) All of the above

Question 10

Which of the following describes the conditions that need to be met under the Aguilar-Spinelli test?

A) The police officer must demonstrate that he or she had good reason to believe that the informant's information was accurate, and the informant's information must be consistent with law enforcement's knowledge of the alleged criminal activity.
B) The police officer must indicate how the informant obtained knowledge of the criminal activity, and the officer is able to corroborate a significant number of the details.
C) The informant's information must be consistent with law enforcement's knowledge of the alleged criminal activity, and the officer is able to corroborate a significant number of the details.
D) The police officer must demonstrate that he or she had good reason to believe that the informant's information was accurate, and the police officer must indicate how the informant obtained knowledge of the criminal activity.

Question 11

Which of the following describes conditions that the Court found to form a substantial basis in evaluating an informant tip in Illinois v. Gates?

A) The police officer must demonstrate that he or she had good reason to believe that the informant's information was accurate, and the informant's information was consistent with law enforcement's knowledge of the alleged criminal activity.
B) The police officer must indicate how the informant obtained knowledge of the criminal activity, and the officer is able to corroborate a significant number of the details.
C) The informant's information was consistent with law enforcement's knowledge of the alleged criminal activity, and the officer is able to corroborate a significant number of the details.
D) The police officer must demonstrate that he or she had good reason to believe that the informant's information was accurate, and the police officer must indicate how the informant obtained knowledge of the criminal activity.

Question 12

The warrant requirement is found in the ________ Amendment.

A) Fourth
B) Fifth
C) Sixth
D) Fourteenth

Question 13

Constitutional requirement for the issuance of a warrant include:

A) Establishment of probable cause by the police officer
B) Review by a neutral and detached official
C) An affidavit by a police officer
D) Only a and b
E) All of the above

Question 14

Which of the following must an arrest warrant describe with "particularity?"

A) The name of the person to be arrested
B) A description of the person to be arrested
C) The time and place that the offense took place
D) Only a and b
E) Only a and c

Question 15

What challenges can be raised to question the validity of a warrant that was issued?

A) Lack of probable cause to support the issuance of the warrant
B) Proper procedures were not followed in issuing the warrant
C) Both a and b
D) None of the above

Question 16

In United States v. Watson, the U.S. Supreme Court upheld the warrantless arrests of persons in public based on probable cause that the person has committed a felony:

A) Only if the police officers do not have enough time to get a warrant
B) As a practice that is consistent with common law and state statutes and constitutions
C) As a practice that is reasonable under the Fourth Amendment
D) Only b and c
E) All of the above

Question 17

Applying the Court's holding in Atwater v. City of Lago Vista, which of the following describes when a police officer can make a warrantless arrest in public of a person who has committed a misdemeanor?

A) When there isn't sufficient time to obtain a warrant
B) When an informant tip provides sufficient probable cause for the officer to make the arrest
C) When the offender commits the misdemeanor in the officer's presence
D) Never

Question 18

In Payton v. New York, the Court answered the question of whether an individual can be arrested in his or her home without an arrest warrant. Which of the following represent the Court's response to this question?

A) A person can be arrested in his or her home without an arrest warrant under exigent circumstances.
B) A person can be arrested in his or her home without an arrest warrant if the person consents to the arrest.
C) Absent exigent circumstances or consent, a person cannot be arrested in his or her home without an arrest warrant if the police officer has probable cause and has reason to believe the person is inside his or her home.
D) All of the above represent the Court's response to this question.

Question 19

Areas where courts differ in their opinion about the validity of an arrest of a person at his or her home without a warrant include:

A) When a person opens the door to the police officer, is the person inside the home or outside the home, and can the police arrest the person without a warrant?
B) If a person resides in an apartment and is apprehended by the police officers in the hallway outside of his or her apartment, is the person inside the home or outside the home, and can the police arrest the person without a warrant?
C) If a person has rented a hotel room and is staying in the hotel room, is this considered the person's home, and can the police enter it and arrest the person without a warrant?
D) All of the above

Question 20

Which of the following represent the Court's opinion as to when exigent circumstances justify making an arrest without a warrant?

A) When the exigencies of the situation make the needs of law enforcement so compelling that that the warrantless search is objectively reasonable under the Fourth Amendment
B) When a delay in the course of the investigation would gravely endanger their lives or the lives of others
C) When speed is an essential element of police actions and acting without a warrant is imperative
D) All of the above
E) None of the above

Question 21

Which of the following does not represent an exception that the Court has carved out of the arrest warrant requirement of the Fourth Amendment?

A) When the suspect might flee the jurisdiction
B) When police believe that the public safety is endangered
C) Unavailability of a magistrate to sign the warrant
D) To prevent destruction of evidence

Question 22

Which of the following statement best describes the emergency-aid doctrine?

A) The doctrine authorizes the warrantless entry into a home to provide emergency assistance to an injured occupant or to protect an occupant from imminent harm.
B) The test is whether the circumstances, when viewed objectively, justify the warrantless entry to render emergency assistance.
C) The test is whether the circumstances, when viewed subjectively, justify the warrantless entry to render emergency assistance.
D) Both a and b
E) Both a and c

Question 23

In determining when police can use physical force during an arrest and how much force police can use during an arrest, the Court uses a_____________ test.

A) totality of the circumstances
B) balancing
C) subjective
D) rational basis

Question 24

Areas of inquiry by a court when assessing issues of use of force by police when making an arrest include:

A) Was it reasonable for the police to have used physical force in making the arrest?
B) How much force was reasonable for the police to have used under the circumstances?
C) Both a and b
D) Either a or b

Question 25

Up until the 1Fourteenth century, the view on the use of deadly force by police attempting to stop a fleeing felon was:

A) Deadly force was never an option as this would be the imposition of a penalty prior to an official determination of guilt.
B) Felons were lawless individuals, and it was acceptable to take their lives in order to safeguard the public.
C) Deadly force could be used if the felons committed an offense that resulted in the loss of someone's life.
D) Deadly force could be used only when the felon possessed lethal weapons that, if not stopped, could be used by the fleeing felon to take a person's life.

Question 26

Issues that have been raised concerning the fleeing felon rule include all of the following, except:

A) It was traditionally employed at close range
B) It authorized private citizens to employ deadly force
C) It was most commonly used to apprehend a felon who escaped an officer's immediate control
D) It applied to all felony offenses, including those that posed no direct danger to the public

Question 27

The significance of Tennessee v. Gardner is:

A) The Court struck down the use of deadly force to stop a fleeing felon.
B) The Court found that the Fourth Amendment did not prohibit the use of deadly force to stop a fleeing felon.
C) The Court found that the use of force to stop a fleeing felon is not constitutionally unreasonable.
D) Both b and c are correct.

Question 28

A review of the constitutionality of the use of nondeadly force to effectuate an arrest is:

A) Based on the rational basis test
B) Based on whether the officer's actions were subjectively reasonable under the totality of the circumstances
C) Based on whether the officer's actions were objectively reasonable under the totality of the circumstances
D) Based on the two-prong Aguilar-Spinelli test

Question 29

Under what conditions is an offender who is issued a citation not taken into custody by the issuing officer?

A) When the offender agrees to appear in court at a later date to answer to the charges
B) When the offender can present reliable identification to the officer
C) When the offense the offender allegedly committed carries no bond
D) Both a and b are required.

Question 30

Under the Court's ruling in Atwater v. City of Lago Vista, the Court addressed the question of whether the Fourth Amendment prohibits a custodial arrest for an offense that is not punishable by jail when there is no immediate need for detention of the suspect. The Court held:

A) When officers have an option, as they did in Atwater, to make an arrest or issue a citation, the Fourth Amendment dictates that the officers employ the least intrusive method of deterring the criminal activity.
B) When officers have probable cause to believe that an individual has committed even a minor criminal offense in their presence, they may make an arrest without violating the Fourth Amendment.
C) Officers bear the burden of knowing which statutes permit the issuance of a citation and required, under the Fourth Amendment, to be sufficiently trained to make that determination in the heat of the moment.
D) Officers are required by the Fourth Amendment to balance the rights of the individual offender against the need to protect society before making a determination if a minor criminal offense committed in their presence warrants an arrest.

Question 31

Probable cause is a matter of probabilities and not certainties.

Question 32

Probable cause can be based solely on intuition, opinion, or hunch.

Question 33

A warrant can be challenged on the grounds that the warrant was issued by a prosecutor.

Question 34

An officer applies for a warrant by submitting an application for the warrant and an affidavit.

Question 35

The process for the issuance of an arrest warrant is an adversarial process.

Question 36

In Paytom v. New York, the Court held that an officer can arrest a person inside his or her home without a warrant if the officer has probable cause to make an arrest.

Question 37

An arrest made in the hallway outside of the defendant's apartment does not require a warrant.

Question 38

The constitutionality of the emergency-aid doctrine is tested from the subjective viewpoint of the officer on scene at the time the entry is made.

Question 39

Exigent circumstances recognized by the Court include hot pursuit and public safety concerns.

Question 40

When acting without a warrant in reliance on an exigent circumstance exception, police run the risk that a judge will disagree with the officer's assessment of the situation.

Question 41

An officer is authorized to use deadly force to stop a fleeing felon when the officer has a reasonable suspicion that the suspect poses a threat of serious physical harm to the officer or others.

Question 42

The question the Court asks in determining if the use of both deadly and nondeadly force is whether the use of force to seize an individual is objectively reasonable under the totality of the circumstances.

Question 43

In Atwater v. City of Lago Vista, the Court adopted a bright line rule to determine whether a police officer can, without violating the Fourth Amendment, arrest an individual who committed a very minor offense in the officer's presence.

Question 44

Mary is detained by a police officer for committing a minor offense in the officer's presence. The statute gives the officer the option of making a misdemeanor arrest or issuing Mary a citation. The officer must issue the citation unless Mary poses a serious threat to society or is deemed a flight risk under the Court's ruling in Atwater.

Question 45

What are the two prongs of the Aguilar-Spinelli test?

Question 46

Under what circumstances can a police officer use deadly force to stop a fleeing felon?

Question 47

List two factors that the Court would look at in determining if an officer's use of nondeadly force was justified under the facts and circumstances in in which it was used.

Question 48

What impact did the Court's ruling in Illinois v. Gates have on the Aguilar-Spinelli test? Explain the Court's rationale for holding as they did.

Question 49

What rationale is provided for allowing police officers to base a finding of probable cause on hearsay? What dangers could you see in allowing hearsay as a basis for establishing probable cause?

Question 50

Discuss the pros and cons of a police officer issuing a citation instead of making an arrest for a misdemeanor offense. Which do you feel is the better approach? Why?