WITH DETAILED SOLUTIONS
What is probable cause?
A reasonable belief grounded on facts that cause officer to
suspect that a person has committed a crime or is committing a
crime.
What are a magistrate's duties when it comes to probable cause
Give an independent judgment. Look at the arrest and determine
is a crime was committed and the person arrested is probable to
have done it. Look at searches and determine if a crime was
committed, if items are connected to the crime, and if they will be
presently found in the place to be searched.
What are examples of personal knowledge for sources of fact
Observations, smell, touch, hearing, knowledge of suspect-area-
associates, time of day, physical evidence
True or false: a person's assertion of his or her constitutional
rights can give an officer probable cause to believe that a crime
has been or is being committed
False-- cannot be pc
Types of sources of information
Identifiable source, good citizen informant, anonymous tip,
confidential informant
,What is confirmation or support by additional evidence or
authority
Corroboration
This is a judicially created remedy which results in the
suppression of evidence which has been derived from and illegal
search or seizure
Exclusionary rule
What types of primary evidence can be suppressed
Physical evidence, identification evidence, verbal evidence
What does fruits of the poisonous tree mean
Any evidence obtained as a result of a illegal search or seizure
will be excluded
Government defenses to "tainted evidence"
Independent source, inevitable discovery, attenuation
Where an officer has acted in good faith reliance upon a search
warrant issued by a judge, which later proves to be defective,
evidence seized pursuant to the warrant will be held admissible
is an example of
Good faith exception
Arizona v. Evans
,Accused was pulled over for driving violation (one way road) and
upon running his name he came back with a warrant. Arrested
and found marijuana. Later found warrant was already taken
care of an should have been withdrawn. Officer fell under good
faith and arrest stood
The temporary restraint of a person's freedom to walk away
when that person is suspected of being involved in criminal
activity
Investigative detention
Is a investigative detention a seizure under the 4th amendment
Yes. This detention is a stop therefore a seizure
What is a frisk?
Patting down on the exterior of one's clothes to detect the
presence of a weapon. In order the do have to have reasonable
articulable facts which lead you to believe the person is armed.
Is a frisk a search
Yes.
What are some factors that may be used to help establish
reasonable suspicion
Personal knowledge, suspicious conduct or demeanor of
suspect, furtive movements, attempts to flee, time and place,
nighttime, high crime areas, near scene of a crime
, A terry frisk is a pat down search permitted for ____________ only.
Weapons
Warrant requirement
The fourth amendment's "preference" that searches be based on
warrants issued by judges of magistrates. Not specifically
written but a warrant is the best assurance that a search will be
deemed reasonable by the courts.
3 elements for a search warrant
Offense committed, items sought are connected with offense,
items will presently be found in the place searched.
Determination of probable cause must be made by a ___________
___ _________ ______________. (what type of magistrate
Neutral and detached magistrate
No warrant shall be issued but upon probable cause supported
by ____________ or _____________________.
Oath or affirmation
Description requirement for a search warrant
Must meet the standard of "particularly describing the place to
be searched, and the persons or things to be searched"
What is the time limit on a search warrant