Question 1

The Fifth Circuit Court of Appeals established a totality of the circumstances test that has been endorsed and applied by other courts in cases that followed.The test is applied to assess probable cause based on informant information.Which of the following is not among the factors considered in the test?

Accepted Answer

The totality of the circumstances test considers the nature of the information, whether there has been an opportunity for police corroboration, the veracity and basis of knowledge of the informant, and whether there has been independent police investigation verifying the information. However, whether the informant information is firsthand or secondhand is not explicitly included in the test.

Question 2

Which of the following is a true statement about the concept of reasonableness,as it applies to Fourth Amendment inquiries?

Accepted Answer

The concept of reasonableness in Fourth Amendment inquiries is determined on a case-by-case basis, taking into account the specific circumstances of each situation. There is no precise test or formula that can be applied universally. Therefore, option A is incorrect. Additionally, while courts may be conservative in their interpretation of the Fourth Amendment, reasonableness is still a fundamental consideration in determining whether a search or seizure is constitutional. Therefore, option C is incorrect. Finally, reasonableness is a crucial concept in Fourth Amendment law and is often weighed alongside other important factors such as privacy and government interests. Therefore, option D is also incorrect.

Question 3

Ordinary citizen informants,even when the tip is given anonymously,are always presumed credible (trustworthy)and no further evidence of credibility need be stated in the affidavit beyond their name and address and their status as a victim of,or witness to,a crime.

Accepted Answer

The answer of Ordinary citizen informants,even when the tip is...

Question 4

After it has been determined that a person has standing to make a Fourth Amendment claim and that a "search" or "seizure" has occurred,the final inquiry is to find:

Accepted Answer

The final inquiry is to determine whether the search or seizure was reasonable under the circumstances. This involves a balancing test between the government's interest in conducting the search or seizure and the individual's right to privacy. The Fourth Amendment requires that searches and seizures be reasonable, which means that they must be based on probable cause and conducted with a warrant, unless an exception applies. However, even warrantless searches and seizures can be reasonable if they are based on a valid exception, such as consent, exigent circumstances, or plain view. If a search or seizure is deemed unreasonable, the exclusionary rule may be invoked, which means that any evidence obtained as a result of the illegal search or seizure will be suppressed in court. Therefore, B is incorrect. While privacy is a fundamental interest protected by the Fourth Amendment, it is not the final inquiry in determining the constitutionality of a search or seizure. Moreover, the concept of privacy is not always easy to define or apply in practice. Therefore, C is too vague and limited. Probable cause is an important factor in determining the reasonableness of a search or seizure, but it is not the final inquiry. Moreover, probable cause is not always necessary for a search or seizure to be reasonable, as noted above. Therefore, A is too narrow and specific.

Question 5

The leading case on corroboration of information provided by an informant is:

Accepted Answer

The answer of The leading case on corroboration of information...

Question 6

Warrantless police actions are presumed to be unreasonable unless based on probable cause.

Accepted Answer

This statement is in line with the Fourth Amendment of the United States Constitution, which protects citizens from unreasonable searches and seizures and requires that warrants be based on probable cause.

Question 7

Assuming that no exception to the warrant requirement is relevant,weaker evidence is more likely to justify the issuance of a warrant than it is to justify a warrantless search or arrest.

Accepted Answer

This is because obtaining a warrant requires a higher level of evidence (probable cause) than what is needed for a warrantless search or arrest, which only requires reasonable suspicion. Therefore, weaker evidence is more likely to meet the standard for obtaining a warrant than it is to meet the standard for a warrantless search or arrest.

Question 8

The U.S.Supreme Court has a strong preference that arrests and searches be authorized by a warrant.

Accepted Answer

The Fourth Amendment to the U.S. Constitution requires that arrests and searches must be based on probable cause and authorized by a warrant issued by a judge. While there are some exceptions to the warrant requirement, such as in cases of exigent circumstances or when a person gives consent, the Supreme Court has consistently affirmed the importance of the warrant requirement for protecting individuals' Fourth Amendment rights.

Question 9

The fundamental concept(s)for understanding the application of Fourth Amendment is/are:

Accepted Answer

The Fourth Amendment protects individuals from unreasonable searches and seizures by the government. The three fundamental concepts for understanding the application of the Fourth Amendment are privacy, reasonableness, and probable cause. Privacy refers to an individual's reasonable expectation of privacy in their person, home, and belongings. Reasonableness requires that any search or seizure by the government be conducted in a reasonable manner, considering the circumstances of the situation. Probable cause is the standard of proof required for a search warrant and refers to the belief that a crime has been committed and that evidence of the crime is likely to be found in the place to be searched. Therefore, privacy, reasonableness, and probable cause are all important concepts for understanding the application of the Fourth Amendment.

Question 10

When the police obtain a handwriting or voice sample from a criminal suspect,this action constitutes a seizure,thereby implicating the Fourth Amendment.

Accepted Answer

Obtaining handwriting or voice samples from a suspect does not constitute a "seizure" of the person in the Fourth Amendment sense, as these actions do not implicate an individual's reasonable expectation of privacy in the same way a physical or property seizure would.

Question 11

A "search" occurs when an expectation of privacy that society is prepared to recognize is infringed.

Accepted Answer

This is the definition of a "search" according to the Fourth Amendment of the United States Constitution.

Question 12

Which of the following is the best characterization of the U.S.Supreme Court's current view toward the Aguilar-Spinelli two-prong criteria?

Accepted Answer

The U.S. Supreme Court has recognized the usefulness of the Aguilar-Spinelli two-prong criteria in evaluating probable cause based on informant information. However, the Court has also suggested that the criteria may not be applicable in all cases and that there may be other steps that need to be taken in the probable cause analysis. Therefore, option A, which suggests that the criteria are a good reference point but limited in applicability, best characterizes the Court's current view toward the Aguilar-Spinelli criteria.

Question 13

The term ____________ means strengthening or confirming the information supplied by the informant with supporting information obtained by law enforcement officers.

Accepted Answer

Corroboration means to confirm or strengthen information provided by an informant with additional supporting evidence obtained by law enforcement. Attenuation means the weakening of evidence or the lessening of its probative value. Discovery refers to the process of obtaining evidence or information during a legal case. Verification means confirming the accuracy or truthfulness of something.

Question 14

A police officer is considered an expert in the area of gangs and gang behavior.The courts are not permitted to give extra credence to the judgments of the expert when (s)he applies for a search or arrest warrant in a case involving gang behavior.

Accepted Answer

This statement is false. The courts are permitted to give extra weight to the judgments of experts in the area of gangs and gang behavior when evaluating the credibility of an application for a search or arrest warrant in such cases.

Question 15

Which of the following concepts is so important that it has been referred to as the "touchstone" of the Fourth Amendment?

Accepted Answer

Reasonableness is considered the "touchstone" of the Fourth Amendment, as it governs the legality of searches and seizures.

Question 16

A law enforcement officer's perceptions that a crime is being committed in his or her presence clearly provide __________ to arrest the person committing the crime.

Accepted Answer

A law enforcement officer's perceptions that a crime is being committed in his or her presence provides probable cause to arrest the person committing the crime. Probable cause requires that the officer have more than just a suspicion or hunch, but rather a reasonable basis for believing that a crime has been committed and that the person being arrested committed it.

Question 17

Other Fourth Amendment considerations,such as warrants,reasonableness,exigency,and good faith,are factors that are considered subservient to probable cause.

Accepted Answer

Other Fourth Amendment considerations, such as warrants, reasonableness, exigency, and good faith, are not subservient to probable cause but rather work alongside it to determine the legality of searches and seizures.

Question 18

A criminal informant's credibility (veracity/truthfulness)must always be established by a statement of underlying facts and circumstances.

Accepted Answer

According to the United States supreme court ruling in Aguilar v. Texas, the credibility of a criminal informant must be established by a statement of underlying facts and circumstances. This is known as the Aguilar-Spinelli test.

Question 19

Which of the following is not reflective of the reasons why the U.S.Supreme Court put into effect the totality of the circumstances test for assessing informant information based on the Illinois v.Gates (1983)decision?

Accepted Answer

The statement that the Court wanted to establish a clear test that could be applied in all cases using essentially the same decision factors across all cases is not reflective of the reasons why the totality of the circumstances test was put into effect. The Court did not necessarily seek to have the same decision factors applied in every case; rather, it sought to establish a more flexible and realistic approach to assessing informant information that would allow for a case-by-case analysis of the circumstances. The other options are reflective of the reasons why the totality of the circumstances test was established.

Question 20

The decision in Illinois v.Gates (1983)completely overruled the Aguilar-Spinelli criteria for establishing probable cause based on informant information.The Aguilar-Spinelli criteria did not retain their vitality in analyzing the presence of probable cause in cases of informant information.

Accepted Answer

The decision in Illinois v. Gates did not completely overrule the Aguilar-Spinelli criteria; instead, it replaced the rigid two-pronged test with a more flexible "totality of the circumstances" approach, but the criteria can still be considered as part of the analysis.

Quiz 3: Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness