Question 1

Which best characterizes the concept(s) necessary for understanding the application of Fourth Amendment?

Accepted Answer

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

Question 2

Select the most accurate 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C)   The criteria are so outdated that the case is completely useless in assessing probable cause.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

Question 3

The decision in Illinois v. Gates (1983) completely overruled the Aguilar-Spinelli criteria for establishing probable cause based on informant information .

Accepted Answer

A) True 
 B)False  False

Question 4

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)   standing to claim the protection
B)   vehicular stops and searches
C)   electronic surveillance
D)   public stops and pat-downs

Question 5

Define the concept of probable cause. Compare and contrast probable cause relating to search and probable cause as it relates to arrest.

Accepted Answer

The answer of Define the concept of probable cause. Compare...

Question 6

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

Accepted Answer

The answer of A seizure of property occurs when there...

Question 7

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

Accepted Answer

A)   an admission
B)   presence at a crime scene or a high crime area
C)   association with other known criminals
D)   past criminal conduct

Question 8

The method of establishing probable cause through the use of an informant's information is often referred to as the _____.

Accepted Answer

A)   informant method
B)   third party method
C)   indirect discovery method
D)   hearsay method

Question 9

The U.S. Supreme Court has defined a "search" to occur when _____.

Accepted Answer

A)   here is a meaningful interference with 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 considers reasonable and the privacy expectation is infringed
D)   an officer collects any evidence against a person regardless of circumstance

Question 10

Based on the Aguilar-Spinelli criteria, in order to establish probable cause in a situation where informant information is secondhand, the affidavit must _____.

Accepted Answer

A)   show how the third person knows the information furnished to the informant
B)   show how the third person knows the information furnished to the informant and why the information from the informant is credible or reliable
C)   show how the third person knows the information furnished to the informant and why the information, from both the informant and the 3rd party, is credible or reliable
D)   show how the third person knows the information furnished to the informant; why the information, from both the informant and the 3rd party, is credible or reliable; and that the information could not be obtained using any other method

Question 11

The Katz v. United States (1967) case is known for establishing that the Fourth Amendment protects _____.

Accepted Answer

A)   people, not places
B)   both drivers and passengers of a vehicle
C)   places, but not people
D)   neither people or places

Question 12

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

The answer of Explain the importance of corroborating information from...

Question 13

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

Accepted Answer

The answer of Compare and contrast the requirements for establishing...

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 a(n) __________who relays the information.

Accepted Answer

The answer of Information on which probable cause is to...

Question 15

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

The answer of The Gates v. Illinois (1983) decision abandoned...

Question 16

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

Accepted Answer

The answer of Write a brief paragraph explaining the importance...

Question 17

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

Accepted Answer

A)   attenuation
B)   corroboration
C)   discovery
D)   verification

Question 18

The concept of probable cause is ultimately based on the notion of objective expectation of privacy. This is in in contrast to subjective expectation of privacy. Expound the difference.

Accepted Answer

The answer of The concept of probable cause is ultimately...

Question 19

The cases of Aguilar v. Texas (1964) and Spinelli v. United States (1969) established a process for evaluating probable cause based on informant information. According to this test, the informant _____.

Accepted Answer

A)   need not be judged as credible
B)   cannot be a criminal
C)   must have a "sufficient basis" for the knowledge
D)   must have personally perceived the information

Question 20

What 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

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