Question 1

When information is used from a criminal informant,the name of the informant:

Accepted Answer

A)  must always be reported in the affidavit. 
B)  never has to be reported in the affidavit. 
C)  need not be disclosed unless the informant information is part of an agreement with the prosecutor in a pending criminal case against the informant. 
D)  need not be disclosed if his or her credibility is otherwise satisfactorily established. 
A)  must always be reported in the affidavit. 
B)  never has to be reported in the affidavit. 
C)  need not be disclosed unless the informant information is part of an agreement with the prosecutor in a pending criminal case against the informant. 
D)  need not be disclosed if his or her credibility is otherwise satisfactorily established. D

Question 2

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

Accepted Answer

A)  Dawson v. State (1971) 
B)  Spinelli v. United States (1969) 
C)  Aguilar v. Texas (1964) 
D)  Illinois v. Gates (1983) 
A)  Dawson v. State (1971) 
B)  Spinelli v. United States (1969) 
C)  Aguilar v. Texas (1964) 
D)  Illinois v. Gates (1983) B

Question 3

Which of the following is the most effective way to assess reliability of a criminal informant's information?

Accepted Answer

A)  the number of convictions his/her information has produced 
B)  the number of arrests his/her information has produced 
C)  the accuracy of the past information provided by the informant 
D)  a positive assessment from the officer who obtained the information 
A)  the number of convictions his/her information has produced 
B)  the number of arrests his/her information has produced 
C)  the accuracy of the past information provided by the informant 
D)  a positive assessment from the officer who obtained the information C

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

A)  whether the informant information is firsthand or secondhand 
B)  the nature of the information 
C)  whether there has been an opportunity for the police to see or hear the matter reported 
D)  the veracity and the basis of the knowledge of the informant 
E)  whether there has been any independent verification of the matters through police investigation 
A)  whether the informant information is firsthand or secondhand 
B)  the nature of the information 
C)  whether there has been an opportunity for the police to see or hear the matter reported 
D)  the veracity and the basis of the knowledge of the informant 
E)  whether there has been any independent verification of the matters through police investigation

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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

A) True 
 B)False

Question 8

Probable cause to search means that there is a __________ that contraband or evidence of a crime will be found in a particular place.

Accepted Answer

The answer of Probable cause to search means that there...

Question 9

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?

Accepted Answer

Corroborating information from informant

Question 10

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.

Accepted Answer

The definition of "search" is the act of

Question 11

Define the term "reasonableness" as it relates to the Fourth Amendment inquiry.Explain the standards used to assess reasonableness.

Accepted Answer

The term "reasonableness" as it relates

Question 12

The change from viewing the Fourth Amendment as law that protected property to a view that the law protected persons was prompted by cases that concerned:

Accepted Answer

A)  whether particular individual's had standing to claim the Fourth Amendment protection. 
B)  vehicular stops and searches. 
C)  electronic surveillance. 
D)  public stops and pat-downs. 
A)  whether particular individual's had standing to claim the Fourth Amendment protection. 
B)  vehicular stops and searches. 
C)  electronic surveillance. 
D)  public stops and pat-downs.

Question 13

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

Accepted Answer

A)  the exclusionary rule 
B)  privacy 
C)  reasonableness 
D)  probable cause 
A)  the exclusionary rule 
B)  privacy 
C)  reasonableness 
D)  probable cause

Question 14

Which of the following,standing alone,can serve as the basis for probable cause?

Accepted Answer

A)  flight of a person from an area 
B)  furtive conduct 
C)  false or improbable answers to questions 
D)  observation and evaluation of real or physical evidence 
A)  flight of a person from an area 
B)  furtive conduct 
C)  false or improbable answers to questions 
D)  observation and evaluation of real or physical evidence

Question 15

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.

Accepted Answer

The concept of probable cause is based o

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)  absolute suspicion 
B)  reasonable suspicion 
C)  absolute cause 
D)  probable cause 
A)  absolute suspicion 
B)  reasonable suspicion 
C)  absolute cause 
D)  probable cause

Question 17

Following the decision in Illinois v.Gates (1983):

Accepted Answer

A)  all states and the federal government have adopted the totality of circumstances approach. 
B)  all states adopted totality of circumstances, but the federal government retained the Aguilar-Spinelli criteria. 
C)  the totality of circumstances approach was subsequently overruled. 
D)  some states rejected the Gates decision and retained the Aguilar-Spinelli criteria on the basis of their own state constitutions. 
A)  all states and the federal government have adopted the totality of circumstances approach. 
B)  all states adopted totality of circumstances, but the federal government retained the Aguilar-Spinelli criteria. 
C)  the totality of circumstances approach was subsequently overruled. 
D)  some states rejected the Gates decision and retained the Aguilar-Spinelli criteria on the basis of their own state constitutions.

Question 18

The Gates v.Illinois (1983)decision abandoned rigid adherence to the Aguilar-Spinelli criteria in favor of a __________ approach to determining probable cause.

Accepted Answer

"totality

Question 19

A seizure of property occurs when there is some __________ with an individual's possessory interests in that property.

Accepted Answer

meaningful

Question 20

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

A)  The criteria are a good reference point for analyzing probable cause based on informant information, but the applicability to all cases is limited. 
B)  Rigid application of the criteria is the best way to analyze probable cause based on informant information. 
C)  The criteria are so outdated that the case is completely useless in assessing probable cause. 
D)  The criteria are a good ending point of the probable cause analysis, but there are several steps that need to occur first. 
A)  The criteria are a good reference point for analyzing probable cause based on informant information, but the applicability to all cases is limited. 
B)  Rigid application of the criteria is the best way to analyze probable cause based on informant information. 
C)  The criteria are so outdated that the case is completely useless in assessing probable cause. 
D)  The criteria are a good ending point of the probable cause analysis, but there are several steps that need to occur first.

When information is used from a criminal informant,the name of the informant:

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

Which of the following is the most effective way to assess reliability of a criminal informant's information?

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

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

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.

Probable cause to search means that there is a __________ that contraband or evidence of a crime will be found in a particular place.

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?

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.

Define the term "reasonableness" as it relates to the Fourth Amendment inquiry.Explain the standards used to assess reasonableness.

The change from viewing the Fourth Amendment as law that protected property to a view that the law protected persons was prompted by cases that concerned:

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

Which of the following,standing alone,can serve as the basis for probable cause?

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.

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.

Following the decision in Illinois v.Gates (1983):

The Gates v.Illinois (1983)decision abandoned rigid adherence to the Aguilar-Spinelli criteria in favor of a __________ approach to determining probable cause.

A seizure of property occurs when there is some __________ with an individual's possessory interests in that property.

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

Individual Rights Under the United States Constitution

Criminal Courts,Pretrial Processes,and the Exclusionary Rule

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

Criminal Trials, Appeals, and Other Post-Conviction Remedies

Filters

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

When information is used from a criminal informant,the name of the informant:

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

Which of the following is the most effective way to assess reliability of a criminal informant's information?

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

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

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.

Probable cause to search means that there is a __________ that contraband or evidence of a crime will be found in a particular place.

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?

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.

Define the term "reasonableness" as it relates to the Fourth Amendment inquiry.Explain the standards used to assess reasonableness.

The change from viewing the Fourth Amendment as law that protected property to a view that the law protected persons was prompted by cases that concerned:

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

Which of the following,standing alone,can serve as the basis for probable cause?

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.

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.

Following the decision in Illinois v.Gates (1983):

The Gates v.Illinois (1983)decision abandoned rigid adherence to the Aguilar-Spinelli criteria in favor of a __________ approach to determining probable cause.

A seizure of property occurs when there is some __________ with an individual's possessory interests in that property.

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

Individual Rights Under the United States Constitution

Criminal Courts,Pretrial Processes,and the Exclusionary Rule

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

Criminal Trials, Appeals, and Other Post-Conviction Remedies

Filters