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16rcrc11-PC
Probable Cause section created by Brian Rister
30
Other
Not Applicable
05/05/2011
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Term
What is Probable Cause?
 Definition
A reasonable belief grounded on facts
Term
Probable Cause, when compared to establishing guilt at trial, requires what?
 Definition
Requires less proof
Term
In order to issue a warrant, WHO must make an independent judgement in a common sense, realistic manner as to whether or not the Fourth Amendment standard has been met?
 Definition
The Magistrate / Judge
Term
Before an arrest can be made, WHAT must exist?
 Definition
Probable Cause
Term
True/False: All searches require a search warrant.
 Definition
False, because it depends on the type of search
Term
What is needed to authorize the issuance of a search warrant?
 Definition
Affidavit containing facts to satisfy probable cause
Term
What is another word for "Second hand" information?
 Definition
Hearsay
Term
Personal Knowledge is one example of what?
 Definition
Source of Facts
Term
True/False: If a person refuses to consent to a search, that reason alone is enough for probable cause.
 Definition
False, that fact alone does not establish probable cause
Term
True/False: Hearsay is another source of facts for probable cause.
 Definition
True. Hearsay is considered to be a source of facts.
Term
According to the text (casebook), Provided the magistrate or judge accepts it, facts gathered from hearsay must meet what?
 Definition
Constitutional Standards
Term
What is the current test used to verify the sufficiency of information for determining probable cause?
 Definition
Totality of Information Test
Term
Prior to the current test, what earlier test was imposed by the U.S. Supreme Court to determine the sufficiency of information?
 Definition
Two Pronged Test
Term
True/False: Pretextual Stops is another source of facts discussed in the text (casebook)?
 Definition
True. Pretextual Stops are another source of facts
Term
True/False: Corroboration of informant information is not necessary.
 Definition
False. It is absolutely necessary
Term
What is the Fourth Amendment standard by which all arrests and most searches are judged?
 Definition
Probable Cause
Term
 What is the 4th Amendment standard by which all arrests and most searches are judged?
 Definition
Probable Cause
Term
Give a brief definition of Probable Cause.
 Definition
Probable cause is a reasonable belief grounded on facts.
Term
True/False: Probable cause requires the same level of proof as that required to establish guilt at trial.
 Definition
False. Probable cause does not require the same level of proof.
Term
True/False: A magistrate may rely on the conclusions of the officer that an arrest is justified or that a search of a person's home is reasonable.
 Definition
False. The magistrate must make a judgement based on facts, not conclusions.
Term
Name the 2 basic facts needed to establish probable cause for an arrest.
 Definition
  1. An offense must have been committed
  2. The person to be arrested committed it.
Term
Name the 3 basic facts needed to establish probable cause for a search.
 Definition
  1. An offense has been committed
  2. Certain items are connected to this criminal activity
  3. The items will presently be found in the place to be searched
Term
Name the 3 basic categories of sources.
 Definition
  1. Firsthand
  2. Witnessed by the officer
  3. Secondhand
Term
Provide at least 4 examples of personal knowledge an officer may have.
 Definition
  • Observations
  • Smell
  • Touch
  • Hearing
  • Time of Day
  • Knowledge of Suspect
  • Knowledge of Area
  • Experience of officer
  • Knowledge of Suspect's associates
  • Physical Evidence
Term
If a person refuses to consent to a search, does this fact alone establish probable cause?
 Definition
No.
Term
True/False:  For the purposes of establishing probable cause, hearsay may be employed.
 Definition
True, if the hearsay meets constitutional standards for use and the magistrate is willing to accept it.
Term
Name at least 3 of the 4 types of sources identified in the text (casebook).
 Definition
  • Indentifiable source
  • Good citizen informant
  • Anonymous tip
  • Confidential criminal informant
Term
What is the name of the current test for the sufficiency of information?
 Definition

Totality of Information Test

 

Or

 

Totality of Circumstances
Term
The Totality of Circumstances was preceded by what test for sufficiency of information?
 Definition
The "Two Pronged Test"
Term
Is corroboration of informant information necessary?
 Definition
Absolutely.
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