CRIJ 3316- CH. 3 notes

If the informant's information comes from a third person, the third person and his or her information must also satisfy both prongs of the ___test

Aguilar

___test which requires that the affidavit contain facts to enable the magistrate to judge whether the informant obtained his knowledge in a reliable manner

Aguilar

____had established a two pronged test for law enforcement officers to follow in determining probable cause using information from informants

Aguilar and Spinelli

___prong requires the officer to demonstrate in the affidavit underlying circumstances to convince the magistrate of the informant's veracity ,that is, that the informant is trustworthy or credible

Aguilar's second

The reason for the more stringent requirement in the warrantless situation is that the Supreme Court has a strong preference for both arrest warrants, ____,and search warrants, ____

Beck v. Ohio, United States v. Ventresca

in____, the Court ruled inadmissible evidence obtained by means of a mechanical listening device stuck 92 into the wall of an apartment adjoining the defendant's residence

Clinton v. Virginia

several states have rejected ___on the basis of state constitutions or statutes

Gates

the underlying rationales of these decisions retain their vitality in analyzing the totality of the circumstances under ____

Gates

in____, the Court found no search or seizure under the Fourth Amendment because police placed a listening device against a wall in an office that adjoined the defendant's office

Goldman v. United States

in Johnson v. United States____, the Court found an absence of probable cause to arrest when police officers placed a woman under arrest for suspicion of drug activity while she was inside a hotel room

Johnson v. United States

in___, FBI agents had attached an electronic listening and recording device to the outside of a public telephone booth to overhear telephone conversations...it was later found that the FBI violated the fourth amendment

Katz

___, illustrates the application of search and seizure

Maryland v. Macon

In____, the Court held that wiretapping was not covered by the Fourth Amendment in part because there had been no physical invasion of the defendant's premises the wiretap had not been installed on the defendant's property

Olmstead v. United States

____, found no invasion onto defendant's property and hence no search for Fourth Amendment purposes when the defendant freely allowed an undercover agent, secretly bugged with a recording device, onto his property and began speaking with him

On Lee v. United States

The rationale for the ____cases was that the listening devices had actually physically invaded the target premises, even though the invasion was slight

Silverman and Clinton

___, a "spike mike" was pushed through a common wall until it hit a heating duct in defendant Silverman's home. The Court held that the electronic surveillance was an illegal search and seizure

Silverman v. United States

____, involved the forcible repossession of a mobile home by deputy sheriffs and the owner of a mobile home park

Soldal v. Cook County

____, which first held that the following facts gave a narcotics officer reasonable suspicion to detain a suspect for investigation of transporting illegal drugs

United States v. Bell

____, identified four factors to be evaluated in determining whether the "totality of the circumstances" provides probable cause to arrest for drug trafficking

United States v. Green

In____, the Court also found probable cause to arrest a suspect clearly associated with other criminal actors

United States v. Lima

In____, the court found probable cause to arrest the defendant, a passenger in a vehicle, based, in part, on implausible and inconsistent answers to routine questions

United States v. Reed

Without such a warrant, a search or seizure may still be found reasonable if ____

a valid exception to the normal warrant requirement has been met

A person's ____of criminal conduct to a law enforcement officer provides probable cause to arrest

admission

The ___must show how the third person knows the information furnished to the informant

affidavit

if a law enforcement officer does not know how, when, or where an informant obtained information, the officer can still satisfy Aguilar's first prong by obtaining ____from the informant and stating all of it in the affidavit

as much detail as possible

A suspect's ____does not by itself provide probable cause to arrest, but it may be considered in the ____

association with other known criminals, probable cause equation

Probable cause is evaluated by examining the ___in the possession of the police at the time of the arrest or search, not merely the personal knowledge of the ____

collective information, arresting or searching officer

Under this approach, analysis of Fourth Amendment issues centers on whether a physical intrusion into a ___had occurred

constitutionally protected area

Even when no crime has been reported, suspicious activity in a ___area may contribute to probable cause. Simply being ____in a high

crime area, however, is not enough for probable cause- high crime, present

the ___informant's credibility must always be established by a statement of underlying facts and circumstances

criminal

Officers may use their experience, training, and knowledge in determining probable cause to connect a defendant with ___

criminal activity

______ are proper factors to be considered in the decision to make an arrest

deliberately furtive actions and flight at the approach of strangers or law officers are strong indicia of mens rea [guilty mind], and when coupled with specific knowledge on the part of the officer relating the suspect to the evidence of crime

____answers to routine questions may be considered in determining probable cause, but ____they do not provide probable cause

false or implausible, standing alone

Another reason for accepting the credibility of an ordinary citizen is the average person's ___for deliberately or negligently providing false information

fear of potential criminal or civil action

Information perceived by a law enforcement officer through any of the ____may support probable cause

five senses

The U.S. Supreme Court first adopted this common law approach to protection of property interests as the basis for the interests protected by the ____

fourth amendment

an officer who makes an arrest without a ___basis for the arrest's legality may be liable in a civil lawsuit for violation of the Fourth Amendment rights of the arrestee

good faith

an officer making such an arrest acts in ____on the basis of the collective information from___, the arresting officer would be protected from civil and criminal liability

good faith, other officers

The method of establishing probable cause through the use of an informant's information is sometimes referred to as the ____, as opposed to the direct observation method discussed earlier

hearsay method

The method of establishing probable cause through the use of an informant's information is sometimes referred to as the___, as opposed to the direct observation method discussed earlier

hearsay method

If the informant obtained the information by 108 personal perception, the officer merely has to state in the affidavit ____the informant obtained the information furnished to the officer

how, when, and where

criminal informants do not want their ___disclosed in an affidavit

identities

Individual law enforcement officers applying for an arrest or search warrant are usually required to state ___in the complaint or affidavit the underlying facts on which probable cause for the issuance of the warrant is based

in writing

The term ____means any person from whom a law enforcement officer obtains information on criminal activity

informant

although statements made by the police officer in the affidavit can be challenged by a defendant, statements by ___are much more difficult to challenge

informants

Aguilar set out a two pronged test, both of which prongs had to be satisfied to establish probable cause:___

informants basis of knowledge, Informant's veracity or truthfulness

As an important side note, the ensuing discussion on probable cause and informant testimony focuses on a law enforcement officer applying for a search warrant based on ___

information from informants

An individual's property is also protected under the Fourth Amendment from certain physical intrusions by police when they seek to obtain ____

information or discover something

Because these circumstances made it reasonable for the officer to believe "that any or all three of the occupants had knowledge of, and exercised dominion and control over, the cocaine," the arrest of the defendant was ___

lawful

The term 'probable cause,' according to its usual acceptation, means_____. . . ." Finely tuned standards such as proof beyond a ___or by a____, useful in formal trials, have no place in the magistrate's decision

less than evidence which would justify condemnation, reasonable doubt, preponderance of the evidence

a___, when confronted with such detail, could reasonably infer that the informant had gained his information in a reliable way

magistrate

A seizure of property occurs when there is some _____

meaningful interference with an individual's possessory interests in that property

Officers may establish probable cause by the _____of real or physical evidence

observation and evaluation

One type of information used to support probable cause is information from the____

officer's own senses, or experience or expertise in a particular area

Two different but similar definitions of probable cause are presented here which are___

one for search and one for arrest

an ___citizen who reports a crime which has been committed in his presence, or that a crime is being or will be committed, stands on much different ground than a police informer

ordinary

when a police officer provides probable cause information to another officer. In this sense, police officers are treated similarly to____

ordinary citizen informants

Probable cause may be based on information supplied to a law enforcement officer by ____who have themselves personally perceived indications of criminal activity

ordinary citizen informants or criminal informants

____may at times interpret the legal standard of probable cause differently

police officers and magistrates

A suspect's ____may, however, be considered with other indications of criminal activity in establishing probable cause

prior criminal activity

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

probable cause

All warrantless arrests and most warrantless searches must also be based on ____

probable cause

In addition, police officers must generally have ____to arrest and search with or without a warrant

probable cause

Officers should be prepared to explain how their training, knowledge, or experience, along with other perceived factors, led them to develop ____

probable cause

The fair probability of criminal activity is the standard for____

probable cause

These warrantless police actions are usually held to be unreasonable unless based on ____

probable cause

____exists where the "facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that" an offense has been or is being committed by the person to be arrested

probable cause

it is apparent that ___is necessary for the issuance of an arrest or search warrant

probable cause

furtive by itself is insufficient to establish _____

probable cause to arrest

Criminal informants may be ___

professional police informants, persons with a criminal record, accomplices in a crime, or persons seeking immunity for themselves

The principal objects of the Fourth Amendment are the protection of ____

property and privacy

____ rights play a critical role in shaping the overall Fourth Amendment inquiry

property and privacy

four concepts fundamental to criminal procedure are___

property, privacy, probable cause, and reasonableness

The U.S. Supreme Court's opinion in Jones made it clear that Fourth Amendment privacy would also be evaluated using the _____approach, an approach that began in the 1960s with the landmark case of ____

reasonable expectation of privacy, Katz v. United States

the Court said that probable cause to search exists when "the facts and circumstances within the officers' knowledge and of which they had ____are sufficient in themselves to warrant a man of reasonable caution in the belief that seizable property would be found in a ___

reasonably trustworthy information, particular place or on a particular person

A ____occurs when an expectation of privacy that society is prepared to consider reasonable is infringed

search

Accordingly, a ____occurs under the Fourth Amendment when police physically intrude, or "trespass," onto an individual's property to obtain information or discover something, or when police violate a reasonable expectation of privacy

search

The Supreme Court held that "the Government's installation of a GPS device on [Jones'] vehicle, and its use of that device to monitor the vehicle's movements, constitutes a ___under the Fourth Amendment

search

When analyzing cases under Katz's privacy approach to the Fourth Amendment ____question

search

probable cause to ___is "a fair probability that contraband or evidence of a crime will be found in a particular place

search

A ___occurs under the Fourth Amendment when an expectation of privacy that society is prepared to consider reasonable is violated, or when police physically intrude ("trespass") onto an individual's property to obtain ____

search, information or discover something

____, held that an officer who found drugs in the backseat of a car had probable cause to arrest the driver and the front

seat and backseat passengers- Maryland v. Pringl

flight does not provide probable cause but if it is combined with other factors, such as ____,lower courts are more willing to find the probable cause standard

secretive or furtive conduct

Law enforcement officers frequently observe persons acting____. Such conduct usually at least justifies an officer's further investigation to determine whether a crime is being or is about to be committed

secretively or furtively

A ____of property occurs when there is some meaningful interference with an individual's possessory interests in that property

seizure

if the third person saw criminal activity taking place at a particular time, a ____to that effect would be sufficient to satisfy Aguilar's first prong. The officer must, however, also satisfy Aguilar's second prong with respect to both the ____

statement, informant and the third person

The Court explained in a footnote in Jones that a ____by police is not sufficient by itself to constitute a Fourth Amendment search. Rather, a trespass must be accompanied by police obtaining____

technical trespass, information

In determining whether a person has a reasonable expectation of privacy, there is a twofold requirement:___

that a person has exhibited an actual expectation of privacy and, that the expectation is one that society is prepared to recognize as objectively reasonable

Stating the ____when the informant obtained the information is very important, especially in applications for search warrants, because probable cause to search can become stale with time

time

The Gates decision abandoned rigid adherence to this test in favor of a ____ approach to determining probable cause

totality of the circumstances

An officer's perceptions used in establishing probable cause may be given additional credence because of the officer's personal ___

training, knowledge, or experience in a particular area

The problem with using information from informants is ensuring that the information is ____enough to be acted on

trustworthy and credible

A law enforcement officer must demonstrate ___to enable a magistrate to independently evaluate the accuracy of an informant's conclusion

underlying circumstances

Wherever an individual may harbor a reasonable expectation of privacy, he or she is entitled to be free from ____under the Fourth Amendment

unreasonable governmental intrusion

The vast majority of cases have dealt with the credibility aspect of the informant's ___rather than with the reliability of the informant's actual information

veracity

this means that searches and seizures must be based on a____, and that describes with particularity the items police intend to search or seize

warrant supported by probable cause

____enable law enforcement officers to search certain places and seize certain persons or things when they can show a fair probability that those persons, places, or things are significantly connected with criminal activity

warrants

___also protect the Fourth Amendment rights of citizens because the decision to allow a search and seizure is removed from the sometimes hurried and overzealous judgment of law enforcement officers engaged in the competitive enterprise of investigating crime

warrants

___, such as victims and eye

witnesses, are usually presumed credible, and no further evidence of credibility need be stated in the affidavit- ordinary citizen informants

This approach helps to emphasize that an officer should ___in the affidavit or complaint, which serves as the basis for the search warrant, all the information on which probable cause is based, including information from informants

write down