MPTC CONSTITUTIONAL LAW END OF COURSE EXAM
QUESTIONS AND ANSWERS GRADED A+
✔✔Define probable cause - ✔✔- More likely than not
- Evidence that gives someone a reason to think that a crime has been or is being
committed.
✔✔What is the difference between reasonable suspicion and probable cause? -
✔✔Probable cause is based on objective circumstances and facts, whereas reasonable
suspicion is closer to inclination (persons urge to act or feel in a particular way) rather
than evidence.
✔✔How to establish RS and PC? - ✔✔- By using your (officers) own personal
observations or from information received from other sources (witnesses, victims,
anonymous tips)
✔✔Define Collective Knowledge - ✔✔Knowledge of one is knowledge of all.
✔✔What are the two prongs to Aguilar Spinelli rule? - ✔✔1. Basis of Knowledge
2. Veracity
✔✔What is Veracity? - ✔✔- Is the source reliable or believable?
- Information gained through direct, personal, sensory observations
✔✔What is Basis of Knowledge? - ✔✔- How did the source or witness acquire the
information?
- confidential informant
- Anonymous person
✔✔What is the Exclusionary Rule? - ✔✔- Makes any evidence seized by police in an
unreasonable search and seizure inadmissible (not allowed) in court
- Evidence is excluded
✔✔What is an Independent Source? - ✔✔- Evidence comes from two sources, one
legal and one unlawful, the evidence does not need to be suppressed
✔✔What is an Inevitable Discovery? - ✔✔- is evidence found illegally but would have
been found legally later, need not to be suppressed
✔✔Exclusionary Rule Exceptions - ✔✔1. Defective Warrant
2. Invalid Arrest
✔✔Define Voluntary Encounter - ✔✔- Police Officers can approach, talk with, or ask
questions of any citizen in a public place
, - Citizen has to be willing and can leave or not respond back at anytime
✔✔Define Investigative Stops - ✔✔- Short duration / Warrantless seizures
- Used to determine if probable cause exists
- Also known as Terry Stops
- Need reasonable suspicion
✔✔When can officers use a Vehicle Exit Order? - ✔✔1. Belief that the safety of the
officers or others is threatened
2. Officers have reasonable suspicion of criminal activity
3. Police are conducting a search of the vehicle on other grounds
✔✔Define Frisk - ✔✔- Warrantless and limited searches of a persons outer clothing and
other areas in his immediate control for only weapons
- Not for evidence
- Reasonable suspicion is required
✔✔Define Vehicle Frisks - ✔✔- Frisk must be confined to the area from which the
suspect might gain possession (lunging area)
- Must be connected to a safety concern
✔✔Define Arrests - ✔✔- Seizures that initiate criminal prosecution
- Most intrusive types of seizures
✔✔Define Arrests with a Warrant - ✔✔- Written court orders based on probable cause
that command Police to take (named person) into custody and bring before the court
✔✔When is an Arrest Warrant Executed? - ✔✔- When the (named person) on the
warrant is arrested and brought before the court.
✔✔What are the Rules of Arrest Warrant Execution? - ✔✔1. Police must knock and
announce their presence before entering
2. Police can only search areas that can reasonably hide a person
✔✔Define Fugitive Warrant - ✔✔- Needed to arrest a person based on a warrant from
foreign states and or jurisdictions.
✔✔Define Jurisdiction - ✔✔- Municipal Police Officers have law enforcement powers
within a specific territory (area), town or city
✔✔Define Search - ✔✔- Physical invasions or intrusions of privacy by Police on people,
or personal property to obtain information.
✔✔Define Seizure - ✔✔- Officers take possession of items during a search.
QUESTIONS AND ANSWERS GRADED A+
✔✔Define probable cause - ✔✔- More likely than not
- Evidence that gives someone a reason to think that a crime has been or is being
committed.
✔✔What is the difference between reasonable suspicion and probable cause? -
✔✔Probable cause is based on objective circumstances and facts, whereas reasonable
suspicion is closer to inclination (persons urge to act or feel in a particular way) rather
than evidence.
✔✔How to establish RS and PC? - ✔✔- By using your (officers) own personal
observations or from information received from other sources (witnesses, victims,
anonymous tips)
✔✔Define Collective Knowledge - ✔✔Knowledge of one is knowledge of all.
✔✔What are the two prongs to Aguilar Spinelli rule? - ✔✔1. Basis of Knowledge
2. Veracity
✔✔What is Veracity? - ✔✔- Is the source reliable or believable?
- Information gained through direct, personal, sensory observations
✔✔What is Basis of Knowledge? - ✔✔- How did the source or witness acquire the
information?
- confidential informant
- Anonymous person
✔✔What is the Exclusionary Rule? - ✔✔- Makes any evidence seized by police in an
unreasonable search and seizure inadmissible (not allowed) in court
- Evidence is excluded
✔✔What is an Independent Source? - ✔✔- Evidence comes from two sources, one
legal and one unlawful, the evidence does not need to be suppressed
✔✔What is an Inevitable Discovery? - ✔✔- is evidence found illegally but would have
been found legally later, need not to be suppressed
✔✔Exclusionary Rule Exceptions - ✔✔1. Defective Warrant
2. Invalid Arrest
✔✔Define Voluntary Encounter - ✔✔- Police Officers can approach, talk with, or ask
questions of any citizen in a public place
, - Citizen has to be willing and can leave or not respond back at anytime
✔✔Define Investigative Stops - ✔✔- Short duration / Warrantless seizures
- Used to determine if probable cause exists
- Also known as Terry Stops
- Need reasonable suspicion
✔✔When can officers use a Vehicle Exit Order? - ✔✔1. Belief that the safety of the
officers or others is threatened
2. Officers have reasonable suspicion of criminal activity
3. Police are conducting a search of the vehicle on other grounds
✔✔Define Frisk - ✔✔- Warrantless and limited searches of a persons outer clothing and
other areas in his immediate control for only weapons
- Not for evidence
- Reasonable suspicion is required
✔✔Define Vehicle Frisks - ✔✔- Frisk must be confined to the area from which the
suspect might gain possession (lunging area)
- Must be connected to a safety concern
✔✔Define Arrests - ✔✔- Seizures that initiate criminal prosecution
- Most intrusive types of seizures
✔✔Define Arrests with a Warrant - ✔✔- Written court orders based on probable cause
that command Police to take (named person) into custody and bring before the court
✔✔When is an Arrest Warrant Executed? - ✔✔- When the (named person) on the
warrant is arrested and brought before the court.
✔✔What are the Rules of Arrest Warrant Execution? - ✔✔1. Police must knock and
announce their presence before entering
2. Police can only search areas that can reasonably hide a person
✔✔Define Fugitive Warrant - ✔✔- Needed to arrest a person based on a warrant from
foreign states and or jurisdictions.
✔✔Define Jurisdiction - ✔✔- Municipal Police Officers have law enforcement powers
within a specific territory (area), town or city
✔✔Define Search - ✔✔- Physical invasions or intrusions of privacy by Police on people,
or personal property to obtain information.
✔✔Define Seizure - ✔✔- Officers take possession of items during a search.
