Criminal Evidence Exam #1 Exam
Questions with Complete Correct
Answers | Grade A+
Four Primary Levels of Proof
Ans: 1. Mere Suspicion
2. Reasonable Suspicion
3. Probable Cause
4. Proof Beyond a Reasonable Doubt
Book's levels of proof
Ans: No information - Not sufficient
Hunch - Not sufficient
Reasonable doubt - acquit an accused
Suspicion - Start a police or grand jury investigation
Reasonable suspicion - Stop and frisk by police
Preponderance of the evidence - Winning a civil case; affirmative criminal defense
Probable cause - Issuance of warrant, search, seizure, and arrest, without warrant; filing of an
indictment
,Clear and convincing evidence - Denial of bail in some states and insanity defense in some
states
Guilt beyond a reasonable doubt - Convict an accused, prove every element of a criminal act
Absolute certainty - Not required in any legal proceeding.
Mere Suspicion
Ans: 10-24.99% probability (guy standing on the corner at a housing project, and looks like
he could possibly be a criminal - )
Reasonable Suspicion
Ans: 25-49.99% - Requires a level of certainty less than probable cause.
Probable Cause
Ans: 51% Is the standard level of proof set forth in the fourth amendment. Because of this,
everything hinges on this level of proof. Probable cause means more likely than not.
Proof Beyond a Reasonable Doubt
Ans: Requires a much greater probability than probable cause.
Reasonable Suspicion Actual Definition
,Ans: That knowledge, under the present circumstances and articulate facts in light of a police
officer's training and experience, which indicates criminal activity is present.
However, we may not know what the actual criminal activity is.
A guy peaking in car windows could be looking for identity theft, vandalization, stalker, auto
theft, burglary, domestic violence, public intoxication, DUI, etc. The individual cannot be
arrested for any of these until more information is present.
Alabama v. White (1990)
Ans: Reasonable suspicion is not as demanding a standard as probable cause.
Can be established with information that is different in quality and quantity from that
required for probable cause.
Relies on the totality of the circumstances. There could be a lot of factors that show nothing
improper, but the sum of the circumstances shows that there is criminal activity present.
Terry v. Ohio (1968)
Ans: Terry is standing on a corner, and officer McFadden knows that Terry is wearing a long
coat in hot weather. McFadden sees Terry walk down and look in a store that's open but
doesn't go in it a few times and then goes back and talks to his friend. Officer McFadden
looks at the totality of the circumstances and believed that they were about to commit an
armed robbery.
Established the validity of "stop and frisk"
Police authority relies upon articulable reasonable suspicion (not probable cause)
, Based upon the officer's experience (including training)
Allows reasonable inquiry to dispel suspicion of criminal activity or fear for the safety of the
officer or others (We either build probable cause or reduce suspicion)
Stop/frisk are separate acts, each having its own requirements for legality.
"Some suggestion in the use of such terms as 'stop' and 'frisk' that such police conduct is
outside the purview of the fourth amendment... we emphatically reject this notion. Whenever
a police officer accosts an individual and restrains his freedom to walk away, he has seized
that Person. It is nothing less than sheer torture of the English language to suggest that a
careful exploration of a person's clothing is not a 'search'." (IT IS A FOURTH
AMENDMENT ISSUE, NO MATTER THE ARGUMENT AGAINST IT)
Reasonable apprehension of danger may arise before adequate information to justify arrest.
Officer need not be absolutely certain the individual is armed. Determination is not based
upon the officer's unparticularized suspicion. But, upon specific reasonable inferences in light
of his experience.
Diallo Case
Ans: Haitian immigrant who did not speak English was observed in a community where
there was a serial rapist. They knew that this serial rapist always carried a weapon. Four NYC
cops saw an individual that matched the description. He reached behind his back and all of
the officers started shooting at him. All indications were that he was reaching for his wallet to
show his identification to the officers.
Questions with Complete Correct
Answers | Grade A+
Four Primary Levels of Proof
Ans: 1. Mere Suspicion
2. Reasonable Suspicion
3. Probable Cause
4. Proof Beyond a Reasonable Doubt
Book's levels of proof
Ans: No information - Not sufficient
Hunch - Not sufficient
Reasonable doubt - acquit an accused
Suspicion - Start a police or grand jury investigation
Reasonable suspicion - Stop and frisk by police
Preponderance of the evidence - Winning a civil case; affirmative criminal defense
Probable cause - Issuance of warrant, search, seizure, and arrest, without warrant; filing of an
indictment
,Clear and convincing evidence - Denial of bail in some states and insanity defense in some
states
Guilt beyond a reasonable doubt - Convict an accused, prove every element of a criminal act
Absolute certainty - Not required in any legal proceeding.
Mere Suspicion
Ans: 10-24.99% probability (guy standing on the corner at a housing project, and looks like
he could possibly be a criminal - )
Reasonable Suspicion
Ans: 25-49.99% - Requires a level of certainty less than probable cause.
Probable Cause
Ans: 51% Is the standard level of proof set forth in the fourth amendment. Because of this,
everything hinges on this level of proof. Probable cause means more likely than not.
Proof Beyond a Reasonable Doubt
Ans: Requires a much greater probability than probable cause.
Reasonable Suspicion Actual Definition
,Ans: That knowledge, under the present circumstances and articulate facts in light of a police
officer's training and experience, which indicates criminal activity is present.
However, we may not know what the actual criminal activity is.
A guy peaking in car windows could be looking for identity theft, vandalization, stalker, auto
theft, burglary, domestic violence, public intoxication, DUI, etc. The individual cannot be
arrested for any of these until more information is present.
Alabama v. White (1990)
Ans: Reasonable suspicion is not as demanding a standard as probable cause.
Can be established with information that is different in quality and quantity from that
required for probable cause.
Relies on the totality of the circumstances. There could be a lot of factors that show nothing
improper, but the sum of the circumstances shows that there is criminal activity present.
Terry v. Ohio (1968)
Ans: Terry is standing on a corner, and officer McFadden knows that Terry is wearing a long
coat in hot weather. McFadden sees Terry walk down and look in a store that's open but
doesn't go in it a few times and then goes back and talks to his friend. Officer McFadden
looks at the totality of the circumstances and believed that they were about to commit an
armed robbery.
Established the validity of "stop and frisk"
Police authority relies upon articulable reasonable suspicion (not probable cause)
, Based upon the officer's experience (including training)
Allows reasonable inquiry to dispel suspicion of criminal activity or fear for the safety of the
officer or others (We either build probable cause or reduce suspicion)
Stop/frisk are separate acts, each having its own requirements for legality.
"Some suggestion in the use of such terms as 'stop' and 'frisk' that such police conduct is
outside the purview of the fourth amendment... we emphatically reject this notion. Whenever
a police officer accosts an individual and restrains his freedom to walk away, he has seized
that Person. It is nothing less than sheer torture of the English language to suggest that a
careful exploration of a person's clothing is not a 'search'." (IT IS A FOURTH
AMENDMENT ISSUE, NO MATTER THE ARGUMENT AGAINST IT)
Reasonable apprehension of danger may arise before adequate information to justify arrest.
Officer need not be absolutely certain the individual is armed. Determination is not based
upon the officer's unparticularized suspicion. But, upon specific reasonable inferences in light
of his experience.
Diallo Case
Ans: Haitian immigrant who did not speak English was observed in a community where
there was a serial rapist. They knew that this serial rapist always carried a weapon. Four NYC
cops saw an individual that matched the description. He reached behind his back and all of
the officers started shooting at him. All indications were that he was reaching for his wallet to
show his identification to the officers.
