Question 1

The method of establishing probable cause through the use of an informant's information is sometimes referred to as:

Accepted Answer

A)  informant method. 
B)  the 3rd party method. 
C)  the indirect discovery method. 
D)  the hearsay method. 
A)  informant method. 
B)  the 3rd party method. 
C)  the indirect discovery method. 
D)  the hearsay method.

Question 2

An announcement receives an announcement from dispatch that another jurisdiction is looking for a blue Ford Mustang with Louisiana license plates with a large dent in the passenger side door.The officer spots a car fitting this description.Which of the following is a true statement?

Accepted Answer

A)  The officer does not have justification to stop the car and investigate further. 
B)  The officer has justification to stop the car and investigate because probable cause is based on the collective knowledge of the police. 
C)  The officer has justification to stop the car and investigate because (s)he has personal knowledge of the crime. 
D)  The officer has justification to stop the car and investigate simply because the motor vehicle is being operated in the jurisdiction of the officer. 
A)  The officer does not have justification to stop the car and investigate further. 
B)  The officer has justification to stop the car and investigate because probable cause is based on the collective knowledge of the police. 
C)  The officer has justification to stop the car and investigate because (s)he has personal knowledge of the crime. 
D)  The officer has justification to stop the car and investigate simply because the motor vehicle is being operated in the jurisdiction of the officer.

Question 3

Compare and contrast the requirements for establishing probable cause on the basis of a citizen informant versus a criminal informant.

Accepted Answer

Establishing probable cause based on a c

Question 4

The cases of Aguilar v.Texas (1964)and Spinelli v.United States (1969)established a process for evaluating probable cause based on informant information.Which of the following is not part of the criteria for the established process?

Accepted Answer

A)  Information be identified that can be used to determine whether the informant has sufficient basis for the knowledge. 
B)  Information be identified that can be used to determine that the information is credible. 
C)  The information must be judged based on the totality of the circumstances. 
D)  Information be identified that can be used to determine that the information is reliable. 
A)  Information be identified that can be used to determine whether the informant has sufficient basis for the knowledge. 
B)  Information be identified that can be used to determine that the information is credible. 
C)  The information must be judged based on the totality of the circumstances. 
D)  Information be identified that can be used to determine that the information is reliable.

Question 5

Explain the difference in the concept of privacy before and after Katz v.U.S.(1967).

Accepted Answer

Before Katz v. U.S. (1967), the concept

Question 6

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

Accepted Answer

A)  privacy 
B)  privacy and reasonableness 
C)  privacy and probable cause 
D)  privacy, reasonableness, and probable cause 
A)  privacy 
B)  privacy and reasonableness 
C)  privacy and probable cause 
D)  privacy, reasonableness, and probable cause

Question 7

Write a brief paragraph explaining the importance of note-taking by an officer as the case progresses.

Accepted Answer

Note-taking by an officer is crucial as

Question 8

The U.S.Supreme Court has defined the term "search" to occur when:

Accepted Answer

A)  there is a meaningful interference with an individual's possessory interests in property. 
B)  an individual has a subjective expectation of privacy and the expectation of privacy has been infringed upon. 
C)  an individual has a subjective expectation of privacy that society is prepared to consider reasonable and the privacy expectation is infringed. 
D)  an officer collects any evidence against a person regardless of circumstance. 
A)  there is a meaningful interference with an individual's possessory interests in property. 
B)  an individual has a subjective expectation of privacy and the expectation of privacy has been infringed upon. 
C)  an individual has a subjective expectation of privacy that society is prepared to consider reasonable and the privacy expectation is infringed. 
D)  an officer collects any evidence against a person regardless of circumstance.

Question 9

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

A) True 
 B)False

Question 10

The Katz v.United States (1967)case is known for establishing that:

Accepted Answer

A)  the Fourth Amendment protects people, not places. 
B)  the Fourth Amendment protects both drivers and passengers of a vehicle. 
C)  the Fourth Amendment protects places, but not people. 
D)  the Fourth Amendment protects neither people or places. 
A)  the Fourth Amendment protects people, not places. 
B)  the Fourth Amendment protects both drivers and passengers of a vehicle. 
C)  the Fourth Amendment protects places, but not people. 
D)  the Fourth Amendment protects neither people or places.

Question 11

A citizen contacts the local police department and alleges that a particular person is dealing drugs out of his home.The citizen states that (s)he thought the police should know,but that (s)he does not "want to get involved by giving my name." What information would the officer need to state in the affidavit to satisfy the first prong of Aguilar-Spinelli (basis of knowledge)?

Accepted Answer

A)  The name of the high school student that purchased the drugs. 
B)  How, when, and where the informant obtained the information. 
C)  How, when, and where the drug dealer obtained the drugs that were sold. 
D)  The reasons to believe that the informant was providing truthful information. 
A)  The name of the high school student that purchased the drugs. 
B)  How, when, and where the informant obtained the information. 
C)  How, when, and where the drug dealer obtained the drugs that were sold. 
D)  The reasons to believe that the informant was providing truthful information.

Question 12

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.

Accepted Answer

collective

Question 13

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

Accepted Answer

A)  The term "reasonableness" can be used interchangeably with "correctness". 
B)  Reasonableness is determined on a case-by-case basis, not through application of a precise test. 
C)  Reasonableness is conservatively construed by the courts. 
D)  Reasonableness is the least important consideration among Fourth Amendment concepts. 
A)  The term "reasonableness" can be used interchangeably with "correctness". 
B)  Reasonableness is determined on a case-by-case basis, not through application of a precise test. 
C)  Reasonableness is conservatively construed by the courts. 
D)  Reasonableness is the least important consideration among Fourth Amendment concepts.

Question 14

Information on which probable cause is to be based may come to a law enforcement officer's attention in two possible ways: through the __________ own perceptions or through the perceptions of an __________who relays the information.

Accepted Answer

officer's;

Question 15

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

A)  The Aguilar-Spinelli criteria were inflexible and mechanistic. 
B)  Probable cause was judged to be a fluid concept. 
C)  Aguilar-Spinelli made it very difficult to obtain a search warrant based on information from an anonymous informant. 
D)  The Court wanted to establish a clear test could be applied in all cases using essentially the same decision factors across all cases. 
A)  The Aguilar-Spinelli criteria were inflexible and mechanistic. 
B)  Probable cause was judged to be a fluid concept. 
C)  Aguilar-Spinelli made it very difficult to obtain a search warrant based on information from an anonymous informant. 
D)  The Court wanted to establish a clear test could be applied in all cases using essentially the same decision factors across all cases.

Question 16

Third party information is often referred to as ________.

Accepted Answer

The answer of Third party information is often referred to...

Question 17

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

A) True 
 B)False

Question 18

The preference that a search and/or seizure be authorized by a warrant is based on all of the following except:

Accepted Answer

A)  judgments should be made by a neutral and detached individual. 
B)  police are not qualified to make probable cause determinations. 
C)  police are sometimes hurried and overzealous in their investigations. 
D)  police investigations can often be a competitive enterprise. 
A)  judgments should be made by a neutral and detached individual. 
B)  police are not qualified to make probable cause determinations. 
C)  police are sometimes hurried and overzealous in their investigations. 
D)  police investigations can often be a competitive enterprise.

Question 19

Some courts require additional information to establish the veracity/truthfulness of an ordinary citizen informant if the citizen merely provides an anonymous tip.Which of the following is a primary factor mentioned in the text (State v.White,Ga.App.1990)that is used by Georgia courts to assess the veracity/truthfulness of an anonymous tip?

Accepted Answer

A)  the testimony of the officer receiving the tip as to its credibility 
B)  whether the information is from a "concerned citizen" 
C)  whether the citizen had provided valid tips in the past 
D)  whether the tipster had firsthand or secondhand knowledge 
A)  the testimony of the officer receiving the tip as to its credibility 
B)  whether the information is from a "concerned citizen" 
C)  whether the citizen had provided valid tips in the past 
D)  whether the tipster had firsthand or secondhand knowledge

Question 20

The Katz v.United States (1967)case,while shifting the Fourth Amendment inquiry from property rights to privacy rights,did not result in a lot of reversals of previously decided cases.Why were there not a lot of reversals following the decision?

Accepted Answer

A)  privacy protection requires a reference to "place" 
B)  a change in focus applies only to future cases and no reversals can occur 
C)  no cases have come before the court requiring a reversal 
D)  a reversal would require a constitutional amendment 
A)  privacy protection requires a reference to "place" 
B)  a change in focus applies only to future cases and no reversals can occur 
C)  no cases have come before the court requiring a reversal 
D)  a reversal would require a constitutional amendment

The method of establishing probable cause through the use of an informant's information is sometimes referred to as:

An announcement receives an announcement from dispatch that another jurisdiction is looking for a blue Ford Mustang with Louisiana license plates with a large dent in the passenger side door.The officer spots a car fitting this description.Which of the following is a true statement?

Compare and contrast the requirements for establishing probable cause on the basis of a citizen informant versus a criminal informant.

The cases of Aguilar v.Texas (1964)and Spinelli v.United States (1969)established a process for evaluating probable cause based on informant information.Which of the following is not part of the criteria for the established process?

Explain the difference in the concept of privacy before and after Katz v.U.S.(1967).

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

Write a brief paragraph explaining the importance of note-taking by an officer as the case progresses.

The U.S.Supreme Court has defined the term "search" to occur when:

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.

The Katz v.United States (1967)case is known for establishing that:

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.

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

Information on which probable cause is to be based may come to a law enforcement officer's attention in two possible ways: through the own perceptions or through the perceptions of an who relays the information.

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?

Third party information is often referred to as ________.

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.

The preference that a search and/or seizure be authorized by a warrant is based on all of the following except:

The Katz v.United States (1967)case,while shifting the Fourth Amendment inquiry from property rights to privacy rights,did not result in a lot of reversals of previously decided cases.Why were there not a lot of reversals following the decision?

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

The method of establishing probable cause through the use of an informant's information is sometimes referred to as:

An announcement receives an announcement from dispatch that another jurisdiction is looking for a blue Ford Mustang with Louisiana license plates with a large dent in the passenger side door.The officer spots a car fitting this description.Which of the following is a true statement?

Compare and contrast the requirements for establishing probable cause on the basis of a citizen informant versus a criminal informant.

The cases of Aguilar v.Texas (1964)and Spinelli v.United States (1969)established a process for evaluating probable cause based on informant information.Which of the following is not part of the criteria for the established process?

Explain the difference in the concept of privacy before and after Katz v.U.S.(1967).

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

Write a brief paragraph explaining the importance of note-taking by an officer as the case progresses.

The U.S.Supreme Court has defined the term "search" to occur when:

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.

The Katz v.United States (1967)case is known for establishing that:

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.

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

Information on which probable cause is to be based may come to a law enforcement officer's attention in two possible ways: through the __________ own perceptions or through the perceptions of an __________who relays the information.

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?

Third party information is often referred to as ________.

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.

The preference that a search and/or seizure be authorized by a warrant is based on all of the following except:

The Katz v.United States (1967)case,while shifting the Fourth Amendment inquiry from property rights to privacy rights,did not result in a lot of reversals of previously decided cases.Why were there not a lot of reversals following the decision?

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

Information on which probable cause is to be based may come to a law enforcement officer's attention in two possible ways: through the own perceptions or through the perceptions of an who relays the information.