Laws of Arrest, Search, and Seizure Quiz #2 Ch. 3-4

UCO Laws of Arrest, Search, and Seizure Quiz #2 flashcards

What is the probable cause requirement based on?

The Fourth Amendment

What can an officer do with just reasonable suspicion?

Things similar to stop and frisk, but not arrest

What is used as the basis for determining probable cause?

Man of reasonable caution

What is the definition of probable cause according to the Supreme Court?

More than bare suspicion; a man of reasonable caution would be in the belief that an offense has been or is being committed

What case determined the legal definition of probable cause?

Brinegar v. United States

What did United States v. Ortiz (2012) decide?

Probable cause can be less than 50% probability because police officers have more experience than the average person to evaluate circumstances

What does the test for probable cause test?

• Consideration of a particular suspicion

• Specific set of facts

What is the definition of the term “man of reasonable caution”?

Refers to the average person on the street, not those with training in the law

What case reaffirmed the concept of “man of reasonable caution”?

Maryland v. Pringle (2003)

How did Maryland v. Pringle reaffirm the term “man of reasonable caution”?

Objectively reasonable police officer

What is required for probable cause to be determined?

• Must be articulable

• Must be objectively reasonable

What are the important areas of police work probable cause is required in?

• Arrests with a warrant

• Arrests without a warrant

• Searches and seizures of property with a warrant

• Searches and seizures of property without a warrant

What are the probable cause concerns for an arrest?

• Has an offense been committed?

• Did the suspect commit the offense committed?

What are the probable cause concerns in searches and seizures of property?

• Are the items to be seized connected with criminal activity?

• Can the items be found in the place to be searched?

Who determines probable cause in arrests and search and seizures with warrants?

A magistrate

Who determines initial probable cause in arrests and search and seizures without a warrant?

The officer

What are the reasons to obtain a warrant?

• Presumption of probable cause

• Strong defense against damages for constitutional right violations in civil cases

What are the three ways probable cause can be determined?

• A police officer seeing it

• A grand jury issuing an indictment

• A preliminary hearing resulting in an information

What information can be used for a magistrate to establish probable cause?

Only the information given in the affidavit

What kind of information can an officer use in establishing probable cause during a preliminary hearing?

Any trustworthy information, including those not admissible in trial

What are the three ways probable cause can be established?

• Through an officer’s own knowledge of particular facts and circumstances

• Through information given by a reliable third party

• Through information plus corroboration by the officer

What are the eight sources of probable cause on the probable cause pizza?

• Officer Observation

• Officer Investigation

• Witnesses

• Victims

• Records Checks

• Title III (Wiretaps)

• 137s (Informants)

• Suspect Testimony

How does the offense establishing probable cause need to be related to the offense initially identified?

Not at all related

What is the Aguillar-Spinelli test?

A two pronged test that determines the reliability and trustworthiness of an informant

What are the two prongs of the Aguillar-Spinelli test?

Veracity and Basis of knowledge

What does veracity measure in the Aguillar-Spinelli test?

• Strength of info

• Track record

• Success rate

What does the basis of knowledge prong measure of the Aguillar-Spinelli test?

• Content

• How much detail?

• How do they know?

What prongs of the Aguillar-Spinelli test must qualify in order for the informant to be used?

Both

What test replaced the Aguillar-Spinelli test?

The Gates test

What is another name for the Gates test?

Totality of the circumstances test

What does the Gates test allow that the Aguillar-Spinelli test did not?

Disparity

How can info given by an anonymous informant be considered probable cause?

If the investigation corroborates the tip

What is the difference between probable cause to arrest and probable cause to convict?

Conviction requires beyond a reasonable doubt, arrest does not.

What is the definition of reasonable suspicion?

A level of proof required by the courts in stop-and-frisk cases; ranks below probable cause but above suspicion

What case decided that reasonable suspicion was below probable cause?

Alabama v. White

How should reasonable suspicion be determined?

Based on the totality o f the circumstance

What is the definition of the exclusionary rule?

Evidence obtained in violation of the Fourth Amendment is excluded from use at trial

What is the only amendment the exclusionary rule applies to?

The Fourth Amendment

What did United States v. Leon decide?

The exclusionary rule is a judicially created remedy designed to safeguard the Fourth Amendment

What case applied the exclusionary rule to federal cases in federal court?

Weeks v. United States

When was Weeks v. United States decided and the exclusionary rule applied to federal cases in federal court?

1914

What is the primary purpose of the exclusionary rule?

To deter police misconduct

What kind of rule is the exclusionary rule?

Judge made rule

What is the origin of the exclusionary rule?

America

What did Wolf v. Colorado (1949) decide?

States got a warning on illegal evidence, but exclusion was not required

How was the exclusion applied before Weeks v. United States?

Case by case basis

What was the first case an exclusion of Fourth Amendment evidence ocurred?

Boyd v. United States (1886)

What is the Silver Platter Doctrine?

Federal courts admit illegally seized evidence by state officers to give to federal officers for use in federal cases

What did Elkins v. United States (1960) decide?

No illegal state evidence could be admitted in federal courts

What did Mapp v. Ohio (1961) decide?

Illegally seized evidence, according to the Fourth Amendment, can not be admitted into ANY level of court

When can a motion for suppression due to the exclusionary rule happen?

Any time prior to, during, or after the trail, including during incarceration

If there was a warrant, who bares the burden of proof during a suppression hearing?

The defense

If there was not a warrant, who bares the burden of proof in a suppression hearing?

The prosecution

When a defendant files to suppress evidence during an appeal, what does it allege?

Error at trial or first appeal

What can the prosecution file after a suppression hearing successfully suppresses evidence?

Interlocutory appeal

What is a habeas corpus proceeding?

Defendant should be released because their rights were violated before or during trial

Who can claim exclusion protections?

The person whose rights were violated

What is determined not admissible according to the exclusionary rule?

• Illegally seized evidence

• Fruit of the poisonous tree

What is primary evidence excluded by the exclusionary rule?

• Fruits of the crime (cash from a bank robbery)

• Instruments of the crime (note from a bank robbery)

What is the definition of fruit of the poisonous tree?

Evidence that has stemmed of of primary evidence that was illegally obtained.

• Gun was illegally obtained (primary), ballistics test were run on it and results were given (fruit of the poisonous tree)

What are the four main exceptions to the exclusionary rule?

• Good faith

• Inevitable discovery

• Purged taint

• Independent source

What is the definition of the good faith exception?

Evidence obtained by the police is admissible even if there was an error or mistake, as long as the error or mistake was not committed by the police, or, if it was committed by the police, it was made in honest and reasonable reliance on the actions of others

What are the seven situations under the good faith exception?

• Magistrate error

• Court employee error

• Police honest mistake

• Unconstitutional law

• Apparent authority

• Prior police mistakes/reliance

• Prior legal-established precedent

What cases apply to the magistrate error?

Leon v. United States and Massachusetts v. Sheppard

What case applies to the court employee error?

Arizona v. Evans

What case applies to police honest error?

Maryland v. Garrison

What case is connected to the unconstitutional law section?

Illinois v. Krull

What case applies to apparent authority?

Illinois v. Rodriguez

What case applies to the prior police mistakes section?

Herring v. United States

What case is attached to the prior legal precedent section?

Davis v. United States

What is the definition of inevitable discovery?

Evidence is admissible if the police can prove that they would have inevitably discovered the evidence anyway by lawful means

What case is connected to the inevitable discovery doctrine?

Nix v. Williams (1984)

What is the important speech given by the officer in the Nix v. Williams case?

The Christian Burial Speech

What is the definition of the purged taint exception?

Evidence obtained is admissible if the defendant’s subsequent voluntary act dissipates the taint of initial illegality

What is the case connected to the purged taint exception?

Wong Sun v. United States (1963)

What is the definition of the independent source exception?

Evidence obtained is admissible if the police can prove that it was obtained from an independent source not connected with the illegal search or seizure

What are the eight situations/proceeding types where the exclusionary rule does not apply?

• Police violations of the knock-and-announce rule

• Searches by private persons

• Grand jury investigations

• Part of the sentencing determination

• Arrests based on probable cause that violate state law

• Violations of agency rules

• Noncriminal proceedings

• Parole violation hearings

What are the pros of the exclusionary rule?

• Deters violations of constitutional rights by police and prosecutors

• Manifests society’s refusal to convict lawbreakers by relying on official lawlessness

• Results in the freeing of the guilty in only a relatively small portion of cases

• Has led to more professionalism among the police and increased attention in training programs

• Preserves the integrity of the judicial system

• Prevents the government from profiting from its wrongdoing

• Protects constitutional right to privacy

What are the cons of the exclusionary rule?

• Criminal walks

• Good evidence is lost

• Discouraged internal discipline

• Encourages police to perjure themselves

• Diminishes respect for the judicial process

• No proof it deters police misconduct

• Only used by the US

• Has no effect on large areas of police activity