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Criminal Justice
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Criminal Procedure
Quiz 3: Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness
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Question 41
Essay
Explain the difference in the concept of privacy before and after Katz v.U.S.(1967).
Question 42
Short Answer
A criminal informant's credibility is never presumed but must be established.Usually,this is done by demonstrating the informant's __________ of having given accurate information in the past.
Question 43
Essay
Compare and contrast the requirements for establishing probable cause on the basis of a citizen informant versus a criminal informant.
Question 44
Essay
Write the definition of "search".Write the definition of "seizure".Explain how there could be a search without a seizure.Explain how there can be a seizure without a search.
Question 45
Essay
Write a brief paragraph explaining the importance of note-taking by an officer as the case progresses.
Question 46
Short Answer
Third party information is often referred to as ________.
Question 47
Short Answer
Probable cause to search means that there is a __________ that contraband or evidence of a crime will be found in a particular place.
Question 48
Essay
Explain the importance of corroborating information from informants.Also,consider the distinctions between known informants,unknown informants,criminal informants,and citizen informants.Are the distinctions in how the law handles these different types of informants justified? Why or why not?
Question 49
Short Answer
A seizure of property occurs when there is some __________ with an individual's possessory interests in that property.
Question 50
Short Answer
The elements of the __________ two-pronged test are important considerations in determining the existence of probable cause based on informant testimony.Nonetheless,they should be evaluated only as part of the commonsense determination under the totality of the circumstances-not as rigid rules to be applied mechanically.
Question 51
Essay
Compare and contrast the requirements for establishing probable cause on the basis of an anonymous informant versus a known informant.Explore the differences in risk for liability for providing false information.
Question 52
Short Answer
The Gates v.Illinois (1983)decision abandoned rigid adherence to the Aguilar-Spinelli criteria in favor of a __________ approach to determining probable cause.
Question 53
Essay
The concept of probable cause is based,ultimately,on the notion of objective expectation of privacy,in contrast to subjective expectation of privacy.Explain the difference.
Question 54
Essay
Define the concept of probable cause.Compare and contrast probable cause relating to search and probable cause as it relates to arrest.
Question 55
Essay
Define the term "reasonableness" as it relates to the Fourth Amendment inquiry.Explain the standards used to assess reasonableness.
Question 56
Short Answer
Name two indicators of criminal activity that alone support probable cause.Compare and contrast these two indicators of criminal activity with some other indicators that,taken alone,do not support probable cause.
Question 57
Short Answer
Probable cause is evaluated by examining the __________ in the possession of the police at the time of the arrest or search,not merely the personal knowledge of the arresting or searching officer.