Deck 5: Probable Cause and Arrests

Question 1

______ is defined as information that is derived not from the personal knowledge of the witness but from the repetition of what he or she has heard others say.

A)Firsthand information
B)Hearsay
C)Direct observations
D)Police corroboration

Answer 1

B

Question 2

Which of the following best describes probable cause as it relates to the Fourth Amendment arrest requirements?

A)An officer is "all but certain" the suspect committed the crime.
B)There exists a "fair probability" that the suspect committed the crime.
C)A "reasonable person" would suspect that the suspect committed the crime.
D)An educated person would have "reason to believe" the suspect committed the crime.

Answer 2

B

Question 3

Which of the following statements regarding arrest is true?

A)An individual who is arrested is detained on the street and not in a police station or jail.
B)An investigative stop may last only as long as required to complete the investigation, while an arrest may result in detention for several hours or several days or, in some cases, even longer.
C)Stop and frisk stops are recorded as a part of criminal history.
D)A custodial arrest results in a brief investigative stop.

Answer 3

B

Question 4

______ require(s) that a police officer objectively conclude, based on reasonably reliable facts, that a crime has been committed and that the person being arrested has committed the crime.

A)Informant privilege
B)Warrants
C)Probable cause
D)Exigent circumstances

Question 5

Which of the following cases illustrated how the police rely on various senses?

A)United States v.Humphries
B)Brinegar v.United States
C)United States v.Ortiz
D)Carroll v.United States

Question 6

The U.S.Supreme Court has repeatedly stated that probable cause is a matter of "______."

A)certainties
B)hard evidence
C)intuition
D)probabilities

Question 7

All of the following are considered a direct observation except ______.

A)an officer smells narcotics
B)an officer sees an individual engage in criminal conduct
C)an officer hears a victim give a statement
D)an officer hears a suspect make an incriminating statement

Question 8

In which of the following Supreme Court cases did the court stress that an arrest could not be justified based on scant evidence.

A)United States v.Humphries
B)Brinegar v.United States
C)Beck v.Ohio
D)Peters v.United States

Question 9

All of the following are forms (or classification) of an arrest except ______.

A)formal arrest
B)informal arrest
C)custodial arrest
D)de facto arrest

Question 10

Which of the following statements is true?

A)An arrest warrant can be issued by the arresting officer.
B)Absent consent or exigent circumstances, arrests in the home require a warrant.
C)The police may not employ physical force to seize a suspect.
D)Individuals are not subject to arrest for misdemeanors.

Question 11

Is it possible for an arrest to occur without an officer specifically stating to an individual that he is under arrest?

A)No, those exact words must be spoken in order to trigger the rights of the suspect.
B)Not unless exigent circumstances exist and the officer is in immediate danger.
C)Yes, an institutional arrest is based on the subject belief of the individual.
D)Yes, a de facto arrest may occur based on the totality of the circumstances and a reasonable person standard.

Question 12

Probable cause is based on all of the following except ______.

A)common sense
B)probabilities
C)certainties
D)practical evaluation of the totality of the facts

Question 13

In which of the following circumstances do courts apply a collective knowledge theory?

A)When there is no probable cause.
B)When officers work together as a team on an investigation.
C)When officers do not have enough justification to warrant an arrest.
D)When officers work independently on an investigation.

Question 14

All of the following are observations an officer may rely on when making a probable cause determination except ______.

A)smells
B)direct observations
C)intuition
D)overheard statements

Question 15

Information by all of the following can help establish probable cause except ______.

A)citizen-informants
B)informants
C)police
D)unreliable anonymous tips

Question 16

All of the following are required for a person to be placed under arrest except ______.

A)actions taken by an officer of the law
B)actual detention
C)a statement that the individual is under arrest
D)the belief by a reasonable person that he or she is under arrest

Question 17

Carrying out an arrest in a reasonable fashion involves all of the following except ______.

A)physical force
B)arrests and citations
C)warrants
D)police officer intuition

Question 18

______ illustrated how visually observable factors can combine to constitute probable cause.

A)United States v.Humphries
B)Brinegar v.United States
C)United States v.Ortiz
D)Peters v.United States

Question 19

According to the text, informant privilege does not protect an informant from testifying in cases in which the defendant is charged with ______.

A)selling narcotics to the informant
B)stealing a car from the informant
C)robbing the informant
D)assaulting the informant

Question 20

What is the primary reason behind the U.S.Supreme Court holding that the identity of an informant need not be disclosed at trial?

A)It may discourage informants in the future.
B)It is not inferred in the Bill of Rights.
C)It would make no impact on the outcome of a case.
D)It was not common practice at common law.

Question 21

When determining the new test in Illinois v.Gates, the U.S.Supreme Court stated that the components of the Aguilar-Spinelli test should be considered ______.

A)relevant considerations
B)irrelevant
C)minor components
D)crucial factors

Question 22

An affidavit is a sworn statement, whereas an affiant is the ______.

A)person being arrested
B)police officer who swears to the facts and circumstances of the affidavit
C)the judge issuing the affidavit
D)the defense team

Question 23

Who is the initial person to decide whether an officer has probable cause to request a warrant?

A)the issuing judge/magistrate
B)the trial judge
C)an appellate court judge
D)a state Supreme Court justice

Question 24

An arrest warrant is typically issued by a ______.

A)magistrate
B)prosecutor
C)police chief
D)arresting officer

Question 25

All of the following are common challenges to the legality of an arrest except ______.

A)there was a lack of probable cause
B)a knowingly false statement was made in the affidavit
C)the issuing magistrate was not neutral and detached
D)there was a procedural irregularity in the process of issuing the warrant

Question 26

Rule 41 of the Federal Rules of Criminal Procedure authorizes ______.

A)officers to phone or radio in a warrant request
B)officers to issue the warrant themselves if they are unable to get a hold of a judge
C)officers proceed without a warrant after having received verbal approval from a judge
D)officers and their police chiefs to make the determination regarding the warrant

Question 27

What must a police officer do to obtain a warrant?

A)Send a letter to the judicial official discussing their requesting and intuition.
B)Appear before a neutral and detached judge or magistrate.
C)Give the judicial official a call and ask for a favor.
D)Appear before a biased judged or magistrate that will grant you what you want.

Question 28

An informant's credibility is established by ______.

A)highlighting that the informant has provided accurate information in the past
B)highlighting the informant's criminal history
C)highlighting the informant's relationship to the defendant
D)highlighting the informant's desire to help

Question 29

The Aguilar-Spinelli test was overturned in the case of Illinois v.Gates and replaced with the ______ test.

A)totality-of-the-circumstances
B)basis-of-knowledge
C)reasonableness
D)probable suspicion

Question 30

A sworn statement that is submitted by officers to the justice of the peace is referred to as a ______.

A)warrant
B)writ of certiorari
C)affidavit
D)citation

Question 31

Why is Atwater v.Lago Vista significant?

A)This case held that deadly force could be used against any criminal suspect who disobeyed an officer's order.
B)This case held that all misdemeanors should be dealt with by issuing citations and hefty fines.
C)This case is significant for allowing states to continue to give police officers the choice whether to arrest individuals for minor offenses.
D)This case is significant because it outlined specific circumstances in which citations and custodial arrests must be made.

Question 32

Several state legislatures have passed laws loosening the requirements for warrantless arrests for misdemeanors, allowing a warrantless arrest even the officer did not necessarily observe the offense.Which of the following offenses is most likely to fall into this category of exceptions?

A)jaywalking
B)shoplifting
C)vagrancy
D)public urination

Question 33

In Payton v.New York, the U.S.Supreme Court stressed that ______ is "the chief evil at which the Fourth Amendment is directed."

A)an unreasonable search
B)an unreasonable arrest
C)the unjustified entry into the home
D)the detainment of the innocent

Question 34

A warrant must specify with "particularity" the ______.

A)name of the person to be arrested
B)name of the arresting officer
C)birth date of the person to be arrested
D)the race, ethnicity, and gender of the person to be arrested

Question 35

The requirement that warrants must specify what area is to be searched for which items or which item or person is to be seized is known as the ______ requirement.

A)specificity
B)particularity
C)individuality
D)Franks

Question 36

According to the U.S.Supreme Court, when may an officer make a warrantless arrest for a misdemeanor?

A)If there is probable cause.
B)If there is "undeniable proof."
C)If the officer actually perceived the act.
D)If the officer heard of the act from an informant.

Question 37

All of the following are aspects of informant information to be considered established in Illinois v.Gates except ______.

A)corroboration
B)trustworthiness
C)future action
D)type of information

Question 38

Arrests with a warrant are preferable to warrantless arrests because magistrates are thought to be more ______ than an officer in the heat of the moment.

A)rational
B)educated
C)informed and deliberate
D)thoughtful and intelligent

Question 39

A hearing to determine whether an officer had probable cause when he or she engaged in a warrantless arrest is known as a ______.

A)post hoc warrant hearing
B)probable cause hearing
C)McLaughlin hearing
D)Gerstein hearing

Question 40

All of the following individuals can issue warrants except ______.

A)judge
B)magistrate
C)prosecutor
D)judicial official

Question 41

The police may not employ reasonable force to seize a suspect.

Question 42

The reasonableness of police use of nondeadly force is determined using the ______ standard, examining the totality of the circumstances.

A)subjectively reasonable
B)objectively reasonable
C)professionally reasonable
D)hindsight

Question 43

The U.S.Supreme Court has held that if an officer is experienced enough and is operating in his or her field of expertise, there are times when strong intuition may be sufficient to establish probable cause.

Question 44

The original standard in the United States regarding deadly force was known as the ______.

A)reasonable force rule
B)fleeing-felon rule
C)dangerous felon rule
D)public safety rule

Question 45

Probable cause is based on facts, and an officer may not rely solely on intuition, opinion, or a hunch.

Question 46

Eyewitnesses and victims are presumed reliable, and their reports may constitute probable cause.

Question 47

All of the following are good reasons for issuing citations rather than arresting individuals except ______.

A)police prefer to arrest individuals to keep prisons and jails full at all times
B)it is unreasonable to subject individuals to the inconvenience of an arrest for a minor offense
C)an arrest consumes the time and energy of the criminal justice system
D)permitting arrests for minor crimes allows police to profile minorities and arrest people pretextually for minor offenses who they suspect are engaged in more serious offenses

Question 48

In which of the following court cases did the court rule that an arrest warrant is required to apprehend an individual in a hotel or motel room that he or she has rented?

A)United States v.Morales
B)United States v.Holland
C)United States v.Berkowitz
D)Payton v.New York

Question 49

An "arrest" by a private person is not an arrest at all but is kidnapping.

Question 50

Which of the following court cases ruled that an arrest that is made in the hallway outside the defendant's apartment does not require a warrant?

A)United States v.Morales
B)United States v.Holland
C)United States v.Berkowitz
D)Payton v.New York

Question 51

Combined with other behavior, such as the suspect appearing nervous, an experienced officer may establish probable cause primarily based on the strong smell of a substance, such as marijuana.

Question 52

Probable cause may be based on either direct observations or hearsay.

Question 53

An arrest is entered into an individual's criminal record, regardless of whether charges are filed.

Question 54

In which of the following cases did the court indicate that the crucial question in determining whether there are exigent circumstances is whether the police have probable cause to believe that they must act immediately and that they do not have time to secure a warrant?

A)United States v.Santana
B)Ker v.California
C)United States v.Rubin
D)Michigan v.Tyler

Question 55

In which of the following circumstances must an officer obtain a warrant?

A)when an officer suspects someone may be engaging in criminal behavior based on his reputation alone.
B)when police have probable cause that they are in hot pursuit of a suspect
C)when there is a threat to public safety
D)when there is probable cause that evidence might be destroyed

Question 56

Informants typically are individuals who are not involved in criminal activity who cooperate with the police by providing information.

Question 57

Situations in which officers must urgently take immediate action are known legally as ______.

A)reasonable circumstances
B)emergency situations
C)exigent circumstances
D)warrantless times

Question 58

In which of the following cases did the U.S.Supreme Court approved of the warrantless entry to fight a fire?

A)United States v.Santana
B)Ker v.California
C)United States v.Rubin
D)Michigan v.Tyler

Question 59

An arrest warrant must be issued by a judge or magistrate.

Question 60

Which of the following court cases ruled that so long as the police remain outside the dwelling when executing the arrest of an individual who is inside the home, the arrest occurs in public, and an arrest warrant is not required?

A)United States v.Morales
B)United States v.Holland
C)United States v.Berkowitz
D)Payton v.New York

Question 61

Identify the various ways in which an arrest is considered to be more intrusive than an investigative stop and frisk.

Question 62

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.

Question 63

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.

Question 64

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

Question 65

An arrest must be carried out in a reasonable fashion.

Question 66

The traditional approach for evaluating whether the police may rely on an informant's report to establish probable cause is the informant privilege test.

Question 67

Identify the three characteristics of an arrest that one must keep in mind.

Question 68

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.

Question 69

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."

Question 70

Explain what may constitute probable cause.

Question 71

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

Question 72

Identify the traditional approach for evaluating whether the police may rely on an informant's report to establish probable cause?

Question 73

Who is responsible for issuing arrests warrants?

Question 74

The Supreme Court has expressed a preference for arrests to be based on arrest warrants.

Question 75

Identify the different types of observations in making a probable cause determiniation.

Question 76

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

Question 77

How may the legality of an arrest warrant be challenged?

Question 78

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.

Question 79

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

Question 80

Probable cause does not need to be established before a neutral and detached official who reviews the request.