1. The common law approach to applying the Fourth Amendment to particular cases was to focus on whether _____.
a.
the subjective privacy rights of the individual had been violated
b.
law enforcement used force during a search and/or seizure
c.
the government agent intentionally violated the constitutional protection
d.
there was a physical intrusion into a constitutionally protected area
Property and Privacy Inquiries for Criminal Searches and Seizures
2. The change from viewing the Fourth Amendment as law that protected property to a view that the law protected
persons was prompted by cases that concerned _____.
a.
b.
c.
d.
Property and Privacy Inquiries for Criminal Searches and Seizures
3. The Katz v. United States (1967) case is known for establishing that the Fourth Amendment protects _____.
a.
people, not places
b.
both drivers and passengers of a vehicle
c.
places, but not people
d.
neither people or places
Property and Privacy Inquiries for Criminal Searches and Seizures
4. The Katz v. United States (1967) case _____.
a.
expanded Fourth Amendment protections
b.
did away with the idea of “reasonable expectation of privacy”
c.
broadened search to include interference with possessory interests
d.
restricted the ability of defendants to argue privacy violations occurred
Property and Privacy Inquiries for Criminal Searches and Seizures
5. The U.S. Supreme Court has defined a “search” to occur when _____.
a.
here is a meaningful interference with possessory interests in property
b.
an individual has a subjective expectation of privacy and the expectation of privacy has been infringed upon
c.
an individual has a subjective expectation of privacy that society considers reasonable and the privacy
expectation is infringed
d.
an officer collects any evidence against a person regardless of circumstance
Property and Privacy Inquiries for Criminal Searches and Seizures
CPCJ.FERD.16.3.2
6. The police suspect that a store is illegally selling illicit drug paraphernalia. A plain clothes detective working
undercover enters the store, purchases items, leaves the store, and comes back with a search warrant for the store and an
arrest warrant for the store’s owner. In terms of the Fourth Amendment, the initial possession of the goods by the police
_____.
a.
constituted a search, but not a seizure
b.
constituted both a search and seizure
c.
did not constitute a search or a seizure
d.
constituted a seizure, but not a search
Property and Privacy Inquiries for Criminal Searches and Seizures
CPCJ.FERD.16.3.2
7. Which statement about the concept of probable cause is true?
a.
The concept is strikingly similar to the “preponderance of evidence” and “beyond a reasonable doubt”
standards that are used in court proceedings.
b.
Whether probable cause exists is determined by considering only the subjective perceptions of the officer(s)
involved.
c.
The concept of probable cause is a finely tuned standard that has a precise understanding among those who use
it.
d.
The concept deals with probability that evidence will be found or that the individual committed an offense.
d
Probable Cause
8. The preference that a search and/or seizure be authorized by a warrant is based on the idea that _____.
a.
judgments should be made by a neutral and detached individual
b.
police are not qualified to make probable cause determinations
c.
courts may force police to take action when they otherwise would not
d.
prosecutors may inadvertently encourage less than honest behavior
Probable Cause
CPCJ.FERD.16.3.2
9. An officer receives information from dispatch that another jurisdiction is looking for a blue Ford Mustang with
Louisiana license plates and a large dent in the passenger side door. The officer spots a car fitting this description. Which
statement is true?
a.
The officer does not have justification to stop the car and investigate further.
b.
The officer has justification to stop the car and investigate because probable cause is based on the collective
knowledge of the police.
c.
The officer has justification to stop the car and investigate because (s)he has personal knowledge of the crime.
d.
The officer has justification to stop the car and investigate simply because the motor vehicle is being operated
in the jurisdiction of the officer.
Probable Cause
10. A patrol officer stops a car and makes an arrest on the basis of information obtained from a bulletin that officers in
another jurisdiction are looking for the driver of a certain car that was described in the bulletin. Assume that the
information contained in the bulletin was incorrect. Which statement would be true?
a.
The arrest would still be considered valid.
b.
The arresting officer is shielded from any civil liability for false arrest.
c.
The arrest would still be valid and the officer is shielded from any civil liability for false arrest.
d.
The arrest would not be valid and the officer is not shielded from any civil liability for false arrest.
11. Which of the following, standing alone, can serve as the basis for probable cause?
a.
flight of a person from an area
b.
furtive conduct
c.
false or improbable answers to questions
d.
observation and evaluation of real or physical evidence
12. Which of the following, standing alone, can serve as the basis for probable cause?
a.
an admission
b.
presence at a crime scene or a high crime area
c.
association with other known criminals
d.
past criminal conduct
13. The method of establishing probable cause through the use of an informant’s information is often referred to as the
_____.
a.
informant method
b.
third party method
c.
indirect discovery method
d.
hearsay method
Probable Cause
CPCJ.FERD.16.3.3
14. The cases of Aguilar v. Texas (1964) and Spinelli v. United States (1969) established a process for evaluating probable
cause based on informant information. According to this test, the informant _____.
a.
need not be judged as credible
b.
cannot be a criminal
c.
must have a “sufficient basis” for the knowledge
d.
must have personally perceived the information
Probable Cause
CPCJ.FERD.16.3.3
15. Following the decision in Illinois v. Gates (1983), _____.
a.
all states and the federal government have adopted the totality of circumstances approach
b.
all states adopted totality of circumstances, but the federal government retained the Aguilar-Spinelli criteria
c.
the totality of circumstances approach was subsequently overruled
d.
some states rejected the Gates decision and retained the Aguilar-Spinelli criteria on the basis of their own state
constitutions
d
Probable Cause
CPCJ.FERD.16.3.3
16. A citizen contacts the local police department and alleges that a particular person is dealing drugs out of his home. The
citizen states that (s)he thought the police should know, but that (s)he does not “want to get involved by giving my name.”
What information would the officer need to state in the affidavit to satisfy the first prong of Aguilar-Spinelli (basis of
knowledge)?
a.
The name of the high school student that purchased the drugs.
b.
How, when, and where the informant obtained the information.
c.
How, when, and where the drug dealer obtained the drugs that were sold.
d.
The reasons to believe that the informant was providing truthful information.
b
Probable Cause
CPCJ.FERD.16.3.4
17. Based on the Aguilar-Spinelli criteria, in order to establish probable cause in a situation where informant information
is secondhand, the affidavit must _____.
a.
show how the third person knows the information furnished to the informant
b.
show how the third person knows the information furnished to the informant and why the information from the
informant is credible or reliable
c.
show how the third person knows the information furnished to the informant and why the information, from
both the informant and the 3rd party, is credible or reliable
d.
show how the third person knows the information furnished to the informant; why the information, from both
the informant and the 3rd party, is credible or reliable; and that the information could not be obtained using
any other method
Probable Cause
CPCJ.FERD.16.3.4
18. Some courts require additional information to establish the veracity/truthfulness of an ordinary citizen informant if the
citizen merely provides an anonymous tip. Which issue is a primary factor, mentioned in the text (State v. White, Ga. App.
1990), used by Georgia courts to assess the veracity/truthfulness of an anonymous tip?
a.
the testimony of the officer receiving the tip as to its credibility
b.
whether the information is from a “concerned citizen”
c.
whether the citizen had provided valid tips in the past
d.
whether the tipster had firsthand or secondhand knowledge
b
Probable Cause
CPCJ.FERD.16.3.6
19. When information from a criminal informant is used, the name of the informant _____.
a.
must always be reported in the affidavit
b.
may not ever be reported in the affidavit
c.
need not be disclosed unless the informant information is part of an agreement with the prosecutor in a
pending criminal case against the informant
d.
need not be disclosed if his or her credibility is otherwise satisfactorily established
d
CPCJ.FERD.16.3.6
20. What is the most effective way to assess reliability of a criminal informant’s information?
a.
the number of convictions his/her information has produced
b.
the number of arrests his/her information has produced
c.
the accuracy of the past information provided by the informant
d.
a positive assessment from the officer who obtained the information
Probable Cause
CPCJ.FERD.16.3.5
21. The term _____ means strengthening or confirming the information supplied by the informant with supporting
information obtained by law enforcement officers.
a.
attenuation
b.
corroboration
c.
discovery
d.
verification
b
Probable Cause
CPCJ.FERD.16.3.5
22. Reasons the U.S. Supreme Court put into effect the totality of the circumstances test for assessing informant
information based on the Illinois v. Gates (1983) decision include _____.
a.
the Aguilar-Spinelli criteria were so flexible as to be nonsensical
b.
the fluidity of the concept of probable cause
c.
Aguilar-Spinelli made it too easy to obtain a search warrant
d.
the need decision factors that could be used is all cases
b
Probable Cause
23. United States v. De Los Santos, 810 F.2d 1326 (5th Cir. 1987) illustrates the _____.
a.
near-impossibility of satisfying the totality of circumstances test
b.
willingness of police to use information that has limited validity
c.
limited importance of obtaining corroborating information
d.
continuing validity of the Aguilar-Spinelli two- pronged test
Reasonableness
CPCJ.FERD.16.3.6
24. Which concept is so important that it has been referred to as the “touchstone” of the Fourth Amendment?
a.
the exclusionary rule
b.
privacy
c.
reasonableness
d.
probable cause
CPCJ.FERD.16.3.7
25. Which statement about the concept of reasonableness, as it applies to Fourth Amendment inquiries, is true?
a.
The term “correctness” can be substituted for “reasonableness.”
b.
Reasonableness is determined on a case-by-case basis.
c.
Reasonableness is conservatively construed by the courts.
d.
Reasonableness is the least important consideration.
Reasonableness
26. Select the most accurate characterization of the U.S. Supreme Court’s current view toward the Aguilar-Spinelli two-
prong criteria.
a.
The criteria are a good reference point for analyzing probable cause based on informant information, but the
applicability to all cases is limited.
b.
Rigid application of the criteria is the best way to analyze probable cause based on informant information.
c.
The criteria are so outdated that the case is completely useless in assessing probable cause.
d.
The criteria are a good ending point of the probable cause analysis, but there are several steps that need to
occur first.
Probable Cause
27. The leading case on corroboration of information provided by an informant is _____.
a.
Dawson v. State (1971)
b.
Spinelli v. United States (1969)
c.
Aguilar v. Texas (1964)
d.
Illinois v. Gates (1983)
Probable Cause
28. After it has been determined that a person has standing to make a Fourth Amendment claim and that a “search” or
“seizure” has occurred, the final inquiry is to find whether _____.
a.
probable cause exists
b.
the exclusionary rule can be invoked
c.
there was a violation of privacy
d.
the search or seizure was reasonable
29. Which best characterizes the concept(s) necessary for understanding the application of Fourth Amendment?
a.
privacy only
b.
privacy and reasonableness, only
c.
privacy and probable cause, only
d.
privacy, reasonableness, and probable cause
Property and Privacy Inquiries for Criminal Searches and Seizures
30. A law enforcement officer’s perceptions that a crime is being committed in his or her presence clearly provide _____
to arrest the person committing the crime.
a.
absolute suspicion
b.
reasonable suspicion
c.
absolute cause
d.
probable cause
d
Probable Cause
CPCJ.FERD.16.3.1
31. When the police obtain a handwriting or voice sample from a criminal suspect, this action constitutes a seizure,
thereby implicating the Fourth Amendment.
a.
True
b.
False
False
Property and Privacy Inquiries for Criminal Searches and Seizures
CPCJ.FERD.16.3.2
32. A “search” occurs when an expectation of privacy that society is prepared to recognize is infringed.
a.
True
b.
False
True
Property and Privacy Inquiries for Criminal Searches and Seizures
CPCJ.FERD.16.3.2
33. Warrantless police actions are presumed to be unreasonable unless based on probable cause.
a.
True
b.
False
True
Reasonableness
CPCJ.FERD.16.3.7
34. The U.S. Supreme Court has a strong preference that arrests and searches be authorized by a warrant.
a.
True
b.
False
True
Property and Privacy Inquiries for Criminal Searches and Seizures
CPCJ.FERD.16.3.2
35. Assuming that no exception to the warrant requirement is relevant, weaker evidence is more likely to justify the
issuance of a warrant than it is to justify a warrantless search or arrest.
a.
True
b.
False
True
Probable Cause
CPCJ.FERD.16.3.1
36. When an officer’s experience and expertise is relevant to the probable cause determination, the officer must be able to
explain sufficiently the basis of that opinion so that it “can be understood by the average reasonably prudent person.”
a.
True
b.
False
True
Probable Cause
CPCJ.FERD.16.3.2
37. The decision in Illinois v. Gates (1983) completely overruled the Aguilar-Spinelli criteria for establishing probable
cause based on informant information .
a.
True
b.
False
False
Probable Cause
CPCJ.FERD.16.3.4
38. Ordinary citizen informants, even when the tip is given anonymously, are always presumed credible (trustworthy) and
no further evidence of credibility need be stated in the affidavit beyond their name and address and their status as a victim
of, or witness to, a crime.
a.
True
b.
False
False
Probable Cause
CPCJ.FERD.16.3.4
39. A criminal informant’s credibility (veracity/truthfulness) must always be established by a statement of underlying
facts and circumstances.
a.
True
b.
False
True
Probable Cause
CPCJ.FERD.16.3.5
40. Other Fourth Amendment considerations, such as warrants, reasonableness, exigency, and good faith, are factors that
are considered subservient to probable cause.
a.
True
b.
False
False
Reasonableness
41. In terms of applying the privacy right that exists under the Fourth Amendment, the amendment is said to protect
__________, not __________.
42. A seizure of property occurs when there is some __________ with an individual’s possessory interests in that
property.
43. Probable cause to search means that there is a __________ probability that contraband or evidence of a crime will be
found in a particular place.
44. Probable cause is evaluated by examining the __________ of the police at the time of the arrest or search, not merely
the personal knowledge of the arresting or searching officer.
45. The Gates v. Illinois (1983) decision abandoned rigid adherence to the Aguilar-Spinelli criteria in favor of a
__________ approach to determining probable cause.
46. A criminal informant’s ________is never presumed but must be established, usually by demonstrating the informant’s
track record of having given accurate information in the past.
47. The elements of the __________ two-pronged test are important considerations in determining the existence of
probable cause based on informant testimony.
48. Information on which probable cause is to be based may come to a law enforcement officer’s attention in two possible
ways: through the __________ own perceptions or through the perceptions of a(n) __________who relays the
information.
49. Katz v. U.S. (1967) held that a person’s Fourth Amendment rights are implicated wherever the person has an
expectation of __________which society is prepared to recognize as reasonable.
50. Third party information is often referred to as ________.
51. Define the concept of probable cause. Compare and contrast probable cause relating to search and probable cause as it
relates to arrest.
52. The concept of probable cause is ultimately based on the notion of objective expectation of privacy. This is in in
contrast to subjective expectation of privacy. Expound the difference.
53. Compare and contrast the requirements for establishing probable cause on the basis of a citizen informant versus a
criminal informant.
54. Compare and contrast the requirements for establishing probable cause on the basis of an anonymous informant versus
a known informant. Explore the differences in risk for liability for providing false information.
55. Define the term “reasonableness” as it relates to the Fourth Amendment inquiry. Explain the standards used to assess
reasonableness.
56. Do you see any changes in how “privacy” was viewed before and after Katz v. U.S. (1967)? Justify your answer.
57. Write the definition of “search”. Write the definition of “seizure”. Demonstrate how there might be a search without a
seizure and vice versa.
58. Explain the importance of corroborating information from informants. Also, consider the distinctions between known
informants, unknown informants, criminal informants, and citizen informants. Are the distinctions in how the law handles
these different types of informants justified? Why or why not?
59. Write a brief paragraph explaining the importance of note-taking by an officer as the case progresses.
60. Name two indicators of criminal activity that alone support probable cause. Compare and contrast these two indicators
of criminal activity with some other indicators that, taken alone, do not support probable cause.