Deck 5: Probable Cause and Arrests

Question 1

When determining the new test in Illinois v. Gates, the U.S. Supreme Court stated that the components of the Aguilar-Spinelli test should be considered _____.

A)relevant considerations
B)irrelevant
C)minor components
D)crucial factors

Answer 1

A

Question 2

Arrests with a warrant are preferable to warrantless arrests because magistrates are thought to be more _____ than an officer in the heat of the moment.

A)rational
B)educated
C)informed and deliberate
D)thoughtful and intelligent

Answer 2

C

Question 3

Which of the following is not one of the prongs established in the Aguilar-Spinelli test?

A)Source-of-information
B)Veracity
C)Basis-of-knowledge
D)All of the above are prongs of the test.

Answer 3

A

Question 4

Which of the following is not one form (or classification) of an arrest?

A)Formal arrest
B)Informal arrest
C)Custodial arrest
D)De facto arrest

Question 5

An arrest warrant is typically issued by a _____.

A)magistrate
B)prosecutor
C)police chief
D)none of the above

Question 6

Which of the following is not considered a direct observation?

A)An officer hears but does not see a gunshot
B)An officer hears a suspect confess a crime
C)An officer hears a victim give a statement
D)An officer hears a suspect make an incriminating statement

Question 7

What is the primary reason behind the U.S. Supreme Court holding that the identity of an informant need not be disclosed at trial?

A)It may discourage informants in the future.
B)It is not inferred in the Bill of Rights.
C)It would make no impact on the outcome of a case.
D)It was not common practice at common law.

Question 8

Who is the initial person to decide whether an officer has probable cause to request a warrant?

A)The issuing judge/magistrate
B)The trial judge
C)An appellate court judge
D)A state supreme court justice

Question 9

Which of the following best describes probable cause as it relates to the Fourth Amendment arrest requirements?

A)An officer is "all but certain" the suspect committed the crime.
B)There exists a "fair probability" that the suspect committed the crime.
C)A "reasonable person" would suspect that the suspect committed the crime.
D)An educated person would have "reason to believe" the suspect committed the crime.

Question 10

While all are valid, which of the following is not one of the more common challenges to the legality of an arrest?

A)There was a lack of probable cause.
B)A knowingly false statement was made in the affidavit .
C)The issuing magistrate was not neutral and detached.
D)There was a procedural irregularity in the process of issuing the warrant.

Question 11

The requirement that warrants must specify what area is to be searched for which items or which item or person is to be seized is known as the _____ requirement.

A)specificity
B)particularity
C)individuality
D)Franks

Question 12

A hearing to determine whether an officer had probable cause when he/she engaged in a warrantless arrest is known as a _____.

A)post hoc warrant hearing
B)probable cause hearing
C)McLaughlin hearing
D)Gerstein hearing

Question 13

According to the U.S. Supreme Court, when may an officer make a warrantless arrest for a misdemeanor?

A)If there is probable cause
B)If there is "undeniable proof"
C)If the officer actually perceived the act
D)Never

Question 14

The U.S. Supreme Court has repeatedly stated that probable cause is a matter of "_____."

A)certainties
B)hard evidence
C)intuition
D)probabilities

Question 15

Which of the following is not required for a person to be placed under arrest?

A)Actions taken by an officer of the law
B)Actual detention
C)A statement that the individual is under arrest
D)The belief by a reasonable person that he/she is under arrest

Question 16

Which of the following is not one of the three aspects of informant information to be considered, established in Illinois v. Gates?

A)Corroboration
B)Trustworthiness
C)Future action
D)Type of information

Question 17

Of the following, on whose information solely can probable cause typically not be established?

A)Citizen-informants
B)Informants
C)Police
D)None of the above

Question 18

The Aguilar-Spinelli test was overturned in the case of Illinois v. Gates and replaced with the _____ test.

A)totality-of-the-circumstances
B)basis-of-knowledge
C)reasonableness
D)probable suspicion

Question 19

Which of the following is required for the police to act on a tip from an informant?

A)Independent corroboration
B)The name of the informant
C)The basis of the informant's information
D)None of the above

Question 20

As a general rule, defendants do not have a right to confront _____ at trial.

A)victims
B)witnesses
C)children
D)informants

Question 21

The U.S. Supreme Court has held that if an officer is experienced enough and is operating in his/her field of expertise, there are times when strong intuition may be sufficient to establish probable cause.

Question 22

Which of the following is not an observation an officer may rely on when making a probable cause determination?

A)Smells
B)Direct observations
C)Intuition
D)Overheard statements

Question 23

Several state legislatures have passed laws loosening the requirements for warrantless arrests for misdemeanors, allowing a warrantless arrest even the officer did not necessarily observe the offense. Which of the following offenses is most likely to fall into this category of exceptions?

A)Jaywalking
B)Shoplifting
C)Vagrancy
D)Public urination

Question 24

Combined with other behavior, such as the suspect appearing nervous, an experienced officer may establish probable cause primarily based on the strong smell of a substance, such as marijuana.

Question 25

The original standard in the U.S. regarding deadly force was known as the _____.

A)reasonable force rule
B)fleeing-felon rule
C)dangerous felon rule
D)public safety rule

Question 26

Is it possible for an arrest to occur without an officer specifically stating to an individual that he is under arrest?

A)No, those exact words must be spoken in order to trigger the rights of the suspect.
B)Not unless exigent circumstances exist and the officer is in immediate danger
C)Yes, an institutional arrest is based on the subject belief of the individual.
D)Yes, a de facto arrest may occur based on the totality of the circumstances and a reasonable person standard.

Question 27

In Payton v. New York, the U.S. Supreme Court stressed that _____ is "the chief evil at which the Fourth Amendment is directed."

A)an unreasonable search
B)an unreasonable arrest
C)the unjustified entry into the home
D)the detainment of the innocent

Question 28

Due to the relatively light sentence for such an offense, an officer need not obtain a warrant to arrest a suspect for a misdemeanor.

Question 29

An arrest is entered into an individual's criminal record, regardless of whether charges are filed.

Question 30

An "arrest" by a private person is not an arrest at all but is kidnapping.

Question 31

In which of the following circumstances must an officer obtain a warrant?

A)When an officer suspects someone may be engaging in criminal behavior based on his reputation alone
B)When police have probable cause that they are in hot pursuit of a suspect
C)When there is a threat to public safety
D)When there is probable cause that evidence might be destroyed

Question 32

Only a trained judge/magistrate can issue an arrest warrant.

Question 33

Which is not a good reason for issuing citations rather than arresting individuals?

A)Police prefer to arrest individuals to keep prisons and jails full at all times.
B)It is unreasonable to subject individuals to the inconvenience of an arrest for a minor offense.
C)An arrest consumes the time and energy of the criminal justice system.
D)Permitting arrests for minor crimes allows police to profile minorities and arrest people pretextually for minor offenses who they suspect are engaged in more serious offenses.

Question 34

Why is Atwater v. Lago Vista significant?

A)This case held that deadly force could be used against any criminal suspect who disobeyed an officer's order.
B)This case held that all misdemeanors should be dealt with by issuing citations and hefty fines.
C)This case is significant for allowing states to continue to give police officers the choice whether to arrest individuals for minor offenses.
D)This case is significant because it outlined specific circumstances in which citations and custodial arrests must be made.

Question 35

Situations in which officers must urgently take immediate action are known legally as _____.

A)reasonable circumstances
B)emergency situations
C)exigent circumstances
D)warrantless times

Question 36

The reasonableness of police use of nondeadly force is determined using the _____ standard, examining the totality of the circumstances.

A)subjectively reasonable
B)objectively reasonable
C)professionally reasonable
D)hindsight

Question 37

A warrantless arrest of a suspect is only allowed in circumstances in which it would be impossible to obtain the warrant and then make the arrest.

Question 38

If any information in a tip received by police is found to be inaccurate, police cannot act on the tip.

Question 39

The standard by which probable cause is established varies depending on whether the warrant is for a search or for an arrest.

Question 40

Probable cause may be based on either direct observations or hearsay.

Question 41

When/why is a warrant unnecessary for the public arrest of individuals?

Question 42

Explain why courts are reluctant to find that the reports of informants constitute probable cause.

Question 43

Define hearsay, give examples of different types, and explain how it is used in criminal trials.

Question 44

What are some of the concerns noted in the book about placing an officer charged with the unlawful use of deadly force in front of a judge or jury? How do you think an officer who has committed this offense should be handled?

Question 45

Explain the rules and the logic for police use of deadly force and nondeadly force both under the old fleeing-felon rule and today. Why did the court change from one rule to the other? Explain.

Question 46

An investigative stop (Terry stop) may lead to a/an _____ of the suspect; a custodial arrest may lead to a/an _____ of the suspect.

Question 47

Explain when an arrest satisfies the reasonableness requirement of the Fourth Amendment.

Question 48

If a suspect has so much as a finger or a toe outside a doorway to the home, the arrest is no longer considered an arrest "in the home."

Question 49

What level of force may be used when an officer is making an arrest?

Question 50

Explain what may constitute probable cause.

Question 51

Police may make a warrantless arrest if they reasonably believe that to fail to do so would place the public safety in jeopardy.

Question 52

The U.S. Supreme Court operated under the Aguilar-Spinelli test for well over a decade before switching to the less strict totality of the circumstances test. Explain these two tests and explain the logic behind the Court changing from one test to the other. Do you feel the switch was necessary/justified? Explain.

Question 53

Police are allowed to enter a home and make an arrest without a search or an arrest warrant in order to prevent the imminent destruction of evidence.

Question 54

The U.S. Supreme Court has held that an arrest inside a home must be made with a warrant (barring exigent circumstances). Explain why this is. How does this logic apply to doorways to the home, common hallways, and hotels and why?

Question 55

It is that the magistrate issues a warrant be both _____ and _____.

Question 56

According to the old fleeing-felon rule, private citizens could use deadly force to stop a felon and were even immune from criminal and civil liability if they were proven to have been incorrect about the nature of the individual killed.

Question 57

An officer's sworn statement, submitted to apply for a warrant, is known as a/an _____.

Question 58

An alternative to an arrest for a misdemeanor offense is a/an _____.

Question 59

Stemming from Atwater v. City of Lago Vista, the U.S. Supreme Court opted not to mandate the rules regarding arrests and misdemeanors but rather left it to the states to decide.

Question 60

How may the legality of an arrest warrant be challenged?