Question 1

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

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Question 2

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

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Question 3

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

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Question 4

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?

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Question 5

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.

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Question 6

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

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Question 7

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

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Question 8

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."

Accepted Answer

The key factor in determining whether an arrest is "in the home" is not merely the physical position of the suspect's body parts (like a finger or toe) but whether the suspect is effectively within the premises or attempting to exit. Courts generally focus on the broader context of the arrest, including the suspect's location and actions, to determine if it occurred "in the home."

Question 9

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

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Question 10

Explain what may constitute probable cause.

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Question 11

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

Accepted Answer

This is known as the public safety exception to the warrant requirement. It allows police to make an arrest without a warrant when there is a reasonable belief that there is an imminent threat to public safety. However, the circumstances must be evaluated on a case-by-case basis to determine if the exception applies.

Question 12

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.

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Question 13

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.

Accepted Answer

This is known as the "exigent circumstances" exception to the warrant requirement. It allows the police to enter a home without a warrant if they have probable cause to believe that evidence is about to be destroyed and that there is no time to get a warrant. However, this exception is narrowly applied and the police must be able to demonstrate that there was a true emergency that required immediate action.

Question 14

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?

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Question 15

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

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Question 16

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.

Accepted Answer

The old fleeing-felon rule primarily applied to law enforcement officers, not private citizens, allowing them to use deadly force to prevent a felon from escaping under certain conditions. Private citizens have generally been subject to different standards and could face legal consequences if they used deadly force incorrectly, even under the old rules.

Question 17

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

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Question 18

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

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Question 19

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.

Accepted Answer

The statement accurately reflects the Supreme Court's decision in Atwater v. City of Lago Vista.

Question 20

How may the legality of an arrest warrant be challenged?

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Quiz 5: Probable Cause and Arrests