REVIEW SET 2026 TESTED MATERIALS
◉ reasonable suspicion. Answer: less demanding standard than
probable cause not only in the same sense that reasonable suspicion
can be established with information that is different in quantity and
content that is required to establish probable cause. reasonable
suspicion can arise from information that is less reliable than that
required to show probable cause.
◉ Alabama V. White. Answer: established Reasonable Suspicion
◉ Man of reasonable caution. Answer: the average man of the street,
who under the same circumstances, would believe that the person
being arrested had committed the offense or that the items to be
seized would be found in a specific place
◉ Illinois V. Gates. Answer: established Totality of circumstances (
the test that if a neutral and detached magistrate determines that,
based on informants information and all other available facts, there
is probable cause to believe that an arrest or search is justified.
◉ probable cause. Answer: the level of certainty needed in order for
a police officer to make an arrest
,◉ reasonable suspicion. Answer: the level of certainty needed in
order for a police officer to conduct a stop and frisk
◉ Aguilar V. Texas. Answer: Established a two prong test for
determining probable cause on the basis of information obtained
from an informant :
1. Reliability of the informant
2. Reliability of the informants information
◉ Spinelli V. United States 1969. Answer: established an officer may
use credible hearsay to establish probable cause, but an affidavit
based on an informants tip must satisfy the two-pronged Aguilar
Test
◉ Illinois V. Gates. Answer: established that totality of the
circumstance replaced "separate and independent" as the standard
of probable cause in the Aguilar test.
◉ Draper V. U.S. 1959. Answer: established that information from an
informant plus corroboration satisfied Probable Cause
,◉ New York Vs. Quarless. Answer: established the public safety
doctrine and affirmed reasonable suspicion for the detention of a
person matching the description of a suspect located nearby the
scene of the crime within minutes of it
◉ Hayes V. Florida. Answer: Reasonable suspicion alone does not
permit the police to transport a suspect to the police station to
obtain fingerprints. Probable Cause or judicial authorization is
required
◉ Minnesota V. Dickerson. Answer: Established the "plain feel"
doctrine that states that when police officers conduct Terry-type
searches for weapons, they are free to seize items detected through
their sense of touch, as long as the plain feel makes it "immediately
apparent" that the item is contraband. If an item seized through a
search is not "immediately apparent," then it can be suppressed in
court.
◉ Dual Sovereignty. Answer: the federal government and the states
are separately sovereign. So, the Federal government may prosecute
offenders separately for crimes committed within their jurisdiction.
◉ jurisdiction. Answer: the power of a court to try a case
◉ venue. Answer: The geographic district in which a legal action is
tried and from which the jury is selected.
, ◉ appellate review. Answer: review of the results of a trial by a
higher court
◉ appellate court. Answer: A court having jurisdiction to review
cases and issues that were originally tried in lower courts.
◉ affirmation. Answer: where the reviewing court agrees with the
result of the lower court's ruling
◉ reversal. Answer: where the court disagrees with the results of
the lower court's ruling
◉ reverse and remand decision. Answer: where the reviewing court
disagrees with the verdict and sends the case back to the lower
court for them to change their position
◉ Direct Appeal. Answer: an automatic appeal given to anyone
sentenced to death. the appeal is made to the highest court in the
state for review
◉ Stare decisis. Answer: A Latin phrase meaning "to stand by
decided cases" established that Judges are obliged to respect the
precedent established by prior decisions.