UPTP Exam 2 Questions With All Correct Solutions

UPTP Exam 2 Questions With All Correct Solutions Tests for relevant probable cause - Answer - Credibility of source, basis of knowledge, and totality of circumstances Probable Cause that needs corroboration - Answer - Anonymous sources, confidential informants Ways to corroborate PC sources - Answer - 1st hand info, previous reliability, predictable info, statements against interest, degree of detachment Makes PC reliable - Answer - Timeliness, how long ago was the info obtained? Helps corroborate PC - Answer - Who, what, when, where, how? Exclusionary Rule - Answer - Evidence obtained in violation of the 4th amendment is not admissible in court (Fruit of the poisonous tree) Exclusionary Rule exceptions - Answer - Standing, Good Faith, Inevitable discovery, impeachment, and foreign searches Standing - Answer - Only the defendant with violated 4th rights can benefit, must be proven with REP Good faith - Answer - Only applies when an officer reasonably relies on a mistake made by someone else Inevitable discovery - Answer - Government proves they would have found the evidence anyway, no need to suppress it because it would have been found anyway Impeachment - Answer - When defendants choose to testify, they must testify truthfully or suffer the consequences Foreign searches - Answer - 4th does not apply to a foreign search as long as it was not solicited by USA How do you obtain an arrest warrant? - Answer - Complaint, information, indictment Complaint - Answer - Probable cause from a LEO Information - Answer - Probable cause from a US attorney Indictment - Answer - Probable cause from Grand Jury charges Who does the 4th amendment apply to? - Answer - The government when a search is conducted Who is the government in relation to the 4th amendment? - Answer - Cops, agents, undercover agents, and confidential informants. Citizens acting as an instrument or agent of the government or under the direction of a government agent What can be searched? - Answer - Persons, dwellings, papers, and effects Does the 4th apply to private citizens? - Answer - No Who is not the government? - Answer - Private citizens, parents, significant others, nosy neighbors, hotel maids, delivery services, foreign LEOs overseas, and others unconnected to the government What is a private search? - Answer - Private citizen, intends to help the law but was not instructed to do so by any government agent What is a government search? - Answer - Government encourages search to a private actor, reports back to law enforcement Search - Answer - A government intrusion upon an individuals REP. Governmental trespass or physical intrusion upon a constitutionally protected area with intent to gather information Katz formula - Answer - Government + intrusion into area of REP = 4th search