Ch 3 Quiz

Probable cause cannot be established by what is found after an illegal search or arrest.

True

A trial court's determination of probable cause can be reviewed by a(n) ___ court if the case is appealed.

appellate

Which of the following does not require probable cause?

Stop and frisk

How many ways are there to establish probable cause?

Three

The two-pronged test established in the Aguilar and Spinelli cases was later replaced by what test?

Totality of circumstances test

An arrest is a form of seizure.

True

Probable cause is arguable the most important term to know in day-to-day law enforcement.

True

The Fourth Amendment requires probable cause for warrants

True

Without probable cause, the evidence will be thrown out of court.

True

When an officer seeks to obtain a warrant from a magistrate, it is important that all the information necessary to establish probable cause be included in the:

affidavit

Probable cause and reasonable suspicion differ in degree of:

certainty

In some jurisdictions, the absence of probable cause in a warrant must be established by the defendant through:

clear and convincing evidence

Which of the following is one for the three ways that probable cause can be established?

Information plus corroboration

Probable cause has a lower degree of certainty than reasonable suspicion.

False

Probable cause is not required in searches and seizures of property without a warrant.

False

Reasonable suspicion is the requirement for obtaining a warrant.

False

The practical definition of probable cause is "Less certain than not."

False

The practical definition of reasonable suspicion is more than 30 percent certainty.

False

The issuance of a warrant ensures a more orderly procedure and is a better guarantee that probable cause is, in fact, present because it has been reviewed by:

neutral and detached magistrate

In U.S. v. Leon, the U.S. Supreme Court held that information five months old was stale and could not be used to establish:

search probable cause