Probable Cause – Flashcards
Unlock all answers in this set
Unlock answersquestion
Probable cause is the ______ ______________ standard by which all arrests and most searches are judged.
answer
Fourth Amendment
question
Define probable cause
answer
Probably cause is a reasonable belief grounded on facts. A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. Probable cause must be shown before an arrest warrant or search warrant may be issued.
question
Probable cause deals with __________, not certainty.
answer
Probability
question
Probable cause does not require the same level of _______ as that required to establish guilt at trial.
answer
Proof
question
Explain the meaning of "Magistrate's Duty".
answer
A judicial officer must make an independent judgement as to whether the Fourth Amendment standard has been met.
question
Officers intruding on the privacy of citizens are well-advised to seek...
answer
A disinterested determination of probable cause from an impartial magistrate.
question
Explain the relationship between the officer and the magistrate.
answer
Responsibilities are shared, the officer is charged with collecting the facts and the magistrate assesses their significance in the eyes of the law. Mere conclusory statements are insufficient.
question
What evidence may legally be considered for probably cause that may not be competent for proof at trial?
answer
Hearsay or prior criminal record.
question
Under the state law search warrants may be issued...
answer
Only upon written affidavit sworn to before the magistrate.
question
To affect a probable cause arrest what two facts must be known?
answer
A. An offense has been committed. B. The person to be arrested committed it.
question
For a search warrant to be issued on the basis of probable cause there must be what factors?
answer
A. An offense has been committed. B. The person to be arrested committed it. C. The items will be presently found in the place to be searched.
question
Define the sources of facts.
answer
Source are either firsthand, witnessed by the officer, or secondhand, where the information obtained from another party.
question
What are the sources of facts.
answer
Personal knowledge and hearsay.
question
A person's assertion of his constitutional rights cannot give...
answer
An officer probable cause to believe that a crime has been or is being committed.
question
What is hearsay Information?
answer
It is information of which the officer does not have firsthand knowledge.
question
What are the types of sources of information?
answer
Identifiable sources, good citizen informant, anonymous tip & confidential criminal informant.
question
What are the two methods of evaluating information?
answer
The two pronged test (old method) and Totality of the Circumstances (new test)
question
What are the two tests in the two pronged test?
answer
1) How the source obtained the information in the case (basis of knowledge) 2) information showing the source is a reliable credible person (reliability-credibility).
question
What types of sources require the information to be corroborated?
answer
Anonymous tips & confidential criminal informant.
question
What types of sources do not require corroboration?
answer
Identifiable sources and good citizen informant.
question
Totality of the circumstances may include information about the _______________ and ________________ of the "source" but that is no longer required.
answer
Credibility Reliability
question
Define Totality of Circumstances.
answer
If the source provided specific and detailed information which can be verified by independent law enforcement investigation, the magistrate can accept the "totality of information" as his basis for a determination of probable cause.
question
Explain what a "Pretextual Stop" is?
answer
If an office stops a vehicle for a moving violation based on probably cause and discovers illegal drugs in the vehicle the stop is proper under the Fourth Amendment.
question
Define corroboration.
answer
Confirmation or support by additional evidence or authority.
question
Greater weight will be given to informant information that is in ...
answer
Fine detail and also given to a non-confidential informant because the person exposes them self to the public view and possible liability.
