Criminal Procedure 3rd Edition By Lippman - Test Bank

Criminal Procedure 3rd Edition By Lippman – Test Bank

 

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Chapter 05: Probable Cause and Arrests

Test Bank

 

MULTIPLE CHOICE

 

1. An arrest warrant is typically issued by a _____.

A)	magistrate
B)	prosecutor
C)	police chief
D)	none of the above

 

 

ANS:  A                    PTS:   1                    OBJ:   5.3

 

2. Which of the following is not one form (or classification) of an arrest?

A)	Formal arrest
B)	Informal arrest
C)	Custodial arrest
D)	De facto arrest

 

 

ANS:  B                    PTS:   1                    OBJ:   5.1

 

3. Which of the following is not required for a person to be placed under arrest?

A)	Actions taken by an officer of the law
B)	Actual detention
C)	A statement that the individual is under arrest
D)	The belief by a reasonable person that he/she is under arrest

 

 

ANS:  C                    PTS:   1                    OBJ:   5.1

 

4. The U.S. Supreme Court has repeatedly stated that probable cause is a matter of “_____.”

A)	certainties
B)	hard evidence
C)	intuition
D)	probabilities

 

 

ANS:  D                    PTS:   1                    OBJ:   5.1

 

5. Which of the following is not considered a direct observation?

A)	An officer hears but does not see a gunshot
B)	An officer hears a suspect confess a crime
C)	An officer hears a victim give a statement
D)	An officer hears a suspect make an incriminating statement

 

 

ANS:  C                    PTS:   1                    OBJ:   5.2

 

6. Of the following, on whose information solely can probable cause typically not be established?

A)	Citizen-informants
B)	Informants
C)	Police
D)	None of the above

 

 

ANS:  B                    PTS:   1                    OBJ:   5.2

 

7. As a general rule, defendants do not have a right to confront _____ at trial.

A)	victims
B)	witnesses
C)	children
D)	informants

 

 

ANS:  D                    PTS:   1                    OBJ:   5.2

 

8. What is the primary reason behind the U.S. Supreme Court holding that the identity of an informant need not be disclosed at trial?

A)	It may discourage informants in the future.
B)	It is not inferred in the Bill of Rights.
C)	It would make no impact on the outcome of a case.
D)	It was not common practice at common law.

 

 

ANS:  A                    PTS:   1                    OBJ:   5.2

 

9. Which of the following is not one of the prongs established in the Aguilar-Spinelli test?

A)	Source-of-information
B)	Veracity
C)	Basis-of-knowledge
D)	All of the above are prongs of the test.

 

 

ANS:  A                    PTS:   1                    OBJ:   5.2

 

10. The Aguilar-Spinelli test was overturned in the case of Illinois v. Gates and replaced with the _____ test.

A)	totality-of-the-circumstances
B)	basis-of-knowledge
C)	reasonableness
D)	probable suspicion

 

 

ANS:  A                    PTS:   1                    OBJ:   5.2

 

11. Which of the following is required for the police to act on a tip from an informant?

A)	Independent corroboration
B)	The name of the informant
C)	The basis of the informant’s information
D)	None of the above

 

 

ANS:  D                    PTS:   1                    OBJ:   5.2

 

12. When determining the new test in Illinois v. Gates, the U.S. Supreme Court stated that the components of the Aguilar-Spinelli test should be considered _____.

A)	relevant considerations
B)	irrelevant
C)	minor components
D)	crucial factors

 

 

ANS:  A                    PTS:   1                    OBJ:   5.2

 

13. Which of the following is not one of the three aspects of informant information to be considered, established in Illinois v. Gates?

A)	Corroboration
B)	Trustworthiness
C)	Future action
D)	Type of information

 

 

ANS:  B                    PTS:   1                    OBJ:   5.2

 

14. Arrests with a warrant are preferable to warrantless arrests because magistrates are thought to be more _____ than an officer in the heat of the moment.

A)	rational
B)	educated
C)	informed and deliberate
D)	thoughtful and intelligent

 

 

ANS:  C                    PTS:   1                    OBJ:   5.3

 

15. Which of the following best describes probable cause as it relates to the Fourth Amendment arrest requirements?

A)	An officer is “all but certain” the suspect committed the crime.
B)	There exists a “fair probability” that the suspect committed the crime.
C)	A “reasonable person” would suspect that the suspect committed the crime.
D)	An educated person would have “reason to believe” the suspect committed the crime.

 

 

ANS:  B                    PTS:   1                    OBJ:   5.1

 

16. The requirement that warrants must specify what area is to be searched for which items or which item or person is to be seized is known as the _____ requirement.

A)	specificity
B)	particularity
C)	individuality
D)	Franks

 

 

ANS:  B                    PTS:   1                    OBJ:   5.3

 

17. Who is the initial person to decide whether an officer has probable cause to request a warrant?

A)	The issuing judge/magistrate
B)	The trial judge
C)	An appellate court judge
D)	A state supreme court justice

 

 

ANS:  A                    PTS:   1                    OBJ:   5.1

 

18. While all are valid, which of the following is not one of the more common challenges to the legality of an arrest?

A)	There was a lack of probable cause.
B)	A knowingly false statement was made in the affidavit .
C)	The issuing magistrate was not neutral and detached.
D)	There was a procedural irregularity in the process of issuing the warrant.

 

 

ANS:  C                    PTS:   1                    OBJ:   5.1

 

19. A hearing to determine whether an officer had probable cause when he/she engaged in a warrantless arrest is known as a _____.

A)	post hoc warrant hearing
B)	probable cause hearing
C)	McLaughlin hearing
D)	Gerstein hearing

 

 

ANS:  D                    PTS:   1                    OBJ:   5.4

 

20. According to the U.S. Supreme Court, when may an officer make a warrantless arrest for a misdemeanor?

A)	If there is probable cause
B)	If there is “undeniable proof”
C)	If the officer actually perceived the act
D)	Never

 

 

ANS:  C                    PTS:   1                    OBJ:   5.4

 

21. Several state legislatures have passed laws loosening the requirements for warrantless arrests for misdemeanors, allowing a warrantless arrest even the officer did not necessarily observe the offense. Which of the following offenses is most likely to fall into this category of exceptions?

A)	Jaywalking
B)	Shoplifting
C)	Vagrancy
D)	Public urination

 

 

ANS:  B                    PTS:   1                    OBJ:   5.4

 

22. In Payton v. New York, the U.S. Supreme Court stressed that _____ is “the chief evil at which the Fourth Amendment is directed.”

A)	an unreasonable search
B)	an unreasonable arrest
C)	the unjustified entry into the home
D)	the detainment of the innocent

 

 

ANS:  C                    PTS:   1                    OBJ:   5.4

 

23. Situations in which officers must urgently take immediate action are known legally as _____.

A)	reasonable circumstances
B)	emergency situations
C)	exigent circumstances
D)	warrantless times

 

 

ANS:  C                    PTS:   1                    OBJ:   5.5

 

24. The original standard in the U.S. regarding deadly force was known as the _____.

A)	reasonable force rule
B)	fleeing-felon rule
C)	dangerous felon rule
D)	public safety rule

 

 

ANS:  B                    PTS:   1                    OBJ:   5.6

 

25. The reasonableness of police use of nondeadly force is determined using the _____ standard, examining the totality of the circumstances.

A)	subjectively reasonable
B)	objectively reasonable
C)	professionally reasonable
D)	hindsight

 

 

ANS:  B                    PTS:   1                    OBJ:   5.6

 

26. Is it possible for an arrest to occur without an officer specifically stating to an individual that he is under arrest?

A)	No, those exact words must be spoken in order to trigger the rights of the suspect.
B)	Not unless exigent circumstances exist and the officer is in immediate danger
C)	Yes, an institutional arrest is based on the subject belief of the individual.
D)	Yes, a de facto arrest may occur based on the totality of the circumstances and a reasonable person standard.

 

 

ANS:  D                    PTS:   1                    OBJ:   5.1

 

27. In which of the following circumstances must an officer obtain a warrant?

A)	When an officer suspects someone may be engaging in criminal behavior based on his reputation alone
B)	When police have probable cause that they are in hot pursuit of a suspect
C)	When there is a threat to public safety
D)	When there is probable cause that evidence might be destroyed

 

 

ANS:  A                    PTS:   1                    OBJ:   5.5

 

28. Which is not a good reason for issuing citations rather than arresting individuals?

A)	Police prefer to arrest individuals to keep prisons and jails full at all times.
B)	It is unreasonable to subject individuals to the inconvenience of an arrest for a minor offense.
C)	An arrest consumes the time and energy of the criminal justice system.
D)	Permitting arrests for minor crimes allows police to profile minorities and arrest people pretextually for minor offenses who they suspect are engaged in more serious offenses.

 

 

ANS:  A                    PTS:   1                    OBJ:   5.7

 

29. Which of the following is not an observation an officer may rely on when making a probable cause determination?

A)	Smells
B)	Direct observations
C)	Intuition
D)	Overheard statements

 

 

ANS:  C                    PTS:   1                    OBJ:   5.1

 

30. Why is Atwater v. Lago Vista significant?

A)	This case held that deadly force could be used against any criminal suspect who disobeyed an officer’s order.
B)	This case held that all misdemeanors should be dealt with by issuing citations and hefty fines.
C)	This case is significant for allowing states to continue to give police officers the choice whether to arrest individuals for minor offenses.
D)	This case is significant because it outlined specific circumstances in which citations and custodial arrests must be made.

 

 

ANS:  C                    PTS:   1                    OBJ:   5.7

 

TRUE/FALSE

 

31. Probable cause may be based on either direct observations or hearsay.

 

ANS:  T                    PTS:   1                    OBJ:   5.1

 

32. An arrest is entered into an individual’s criminal record, regardless of whether charges are filed.

 

ANS:  T                    PTS:   1                    OBJ:   5.7

 

33. An “arrest” by a private person is not an arrest at all but is kidnapping.

 

ANS:  T                    PTS:   1                    OBJ:   5.7

 

34. The U.S. Supreme Court has held that if an officer is experienced enough and is operating in his/her field of expertise, there are times when strong intuition may be sufficient to establish probable cause.

 

ANS:  F                    PTS:   1                    OBJ:   5.1

 

35. Combined with other behavior, such as the suspect appearing nervous, an experienced officer may establish probable cause primarily based on the strong smell of a substance, such as marijuana.

 

ANS:  T                    PTS:   1                    OBJ:   5.1

 

36. The standard by which probable cause is established varies depending on whether the warrant is for a search or for an arrest.

 

ANS:  F                    PTS:   1                    OBJ:   5.1

 

37. If any information in a tip received by police is found to be inaccurate, police cannot act on the tip.

 

ANS:  F                    PTS:   1                    OBJ:   5.2

 

38. Only a trained judge/magistrate can issue an arrest warrant.

 

ANS:  F                    PTS:   1                    OBJ:   5.3

 

39. A warrantless arrest of a suspect is only allowed in circumstances in which it would be impossible to obtain the warrant and then make the arrest.

 

ANS:  F                    PTS:   1                    OBJ:   5.5

 

40. Due to the relatively light sentence for such an offense, an officer need not obtain a warrant to arrest a suspect for a misdemeanor.

 

ANS:  F                    PTS:   1                    OBJ:   5.7

 

41. If a suspect has so much as a finger or a toe outside a doorway to the home, the arrest is no longer considered an arrest “in the home.”

 

ANS:  F                    PTS:   1                    OBJ:   5.4

 

42. Police may make a warrantless arrest if they reasonably believe that to fail to do so would place the public safety in jeopardy.

 

ANS:  T                    PTS:   1                    OBJ:   5.5

 

43. Police are allowed to enter a home and make an arrest without a search or an arrest warrant in order to prevent the imminent destruction of evidence.

 

ANS:  T                    PTS:   1                    OBJ:   5.5

 

44. According to the old fleeing-felon rule, private citizens could use deadly force to stop a felon and were even immune from criminal and civil liability if they were proven to have been incorrect about the nature of the individual killed.

 

ANS:  F                    PTS:   1                    OBJ:   5.6

 

45. Stemming from Atwater v. City of Lago Vista, the U.S. Supreme Court opted not to mandate the rules regarding arrests and misdemeanors but rather left it to the states to decide.

 

ANS:  T                    PTS:   1                    OBJ:   5.7

 

COMPLETION

 

46. What level of force may be used when an officer is making an arrest?

 

ANS:  reasonable force

 

PTS:   1                    OBJ:   5.6

 

47. An investigative stop (Terry stop) may lead to a/an _____ of the suspect; a custodial arrest may lead to a/an _____ of the suspect.

 

ANS:  frisk, full search

 

PTS:   1                    OBJ:   5.1

 

48. An officer’s sworn statement, submitted to apply for a warrant, is known as a/an _____.

 

ANS:  affidavit

 

PTS:   1                    OBJ:   5.3

 

49. It is that the magistrate issues a warrant be both _____ and _____.

 

ANS:

neutral, detached

detached, neutral

 

PTS:   1                    OBJ:   5.3

 

50. An alternative to an arrest for a misdemeanor offense is a/an _____.

 

ANS:  citation

 

PTS:   1                    OBJ:   5.7

 

ESSAY

 

51. The U.S. Supreme Court operated under the Aguilar-Spinelli test for well over a decade before switching to the less strict totality of the circumstances test. Explain these two tests and explain the logic behind the Court changing from one test to the other. Do you feel the switch was necessary/justified? Explain.

 

ANS:

The Supreme Court initially relied on the Aguilar–Spinelli two-prong test for informants. The affidavit under this test must establish both the informant’s veracity and the informant’s basis of knowledge. These requirements proved difficult to satisfy, and in 1983, in Illinois v. Gates, the Supreme Court adopted a totality-of-the-circumstances test. The veracity and basis of knowledge prongs under Gates are described as relevant considerations in determining whether there is probable cause rather than as separate considerations.

 

PTS:   1                    OBJ:   5.2

 

52. The U.S. Supreme Court has held that an arrest inside a home must be made with a warrant (barring exigent circumstances). Explain why this is. How does this logic apply to doorways to the home, common hallways, and hotels and why?

 

ANS:

In Payton v. New York, the U.S. Supreme Court held that an arrest warrant founded on probable cause is required to arrest an individual in his or her home when there is “reason to believe that a suspect is within.”

 

PTS:   1                    OBJ:   5.4

 

53. Explain the rules and the logic for police use of deadly force and nondeadly force both under the old fleeing-felon rule and today. Why did the court change from one rule to the other? Explain.

 

ANS:

In 1985, in Tennessee v. Garner, the Supreme Court held that the police may resort to deadly force to apprehend a fleeing felon under the Fourth Amendment when the officer has probable cause to believe that the suspect threatens the officer with a weapon or when there is probable cause to believe that he or she has committed a crime involving the infliction or threatened infliction of serious physical harm. The officer, where feasible, should issue a warning. Four years later, in Graham v. Connor, the U.S. Supreme Court held that the exercise of nondeadly force also is to be analyzed under the Fourth Amendment reasonableness standard.

 

PTS:   1                    OBJ:   5.6

 

54. Explain when an arrest satisfies the reasonableness requirement of the Fourth Amendment.

 

ANS:

An arrest satisfies the reasonableness requirement of the Fourth Amendment when the seizure is supported by probable cause and the arrest is executed or carried out in a reasonable fashion.

 

PTS:   1                    OBJ:   5.1

 

55. Explain what may constitute probable cause.

 

ANS:

Probable cause to arrest an individual may be developed through an officer’s five senses: sight, sound, smell, touch, and taste. Probable cause also may be based on hearsay, or “secondhand” information from victims, eyewitnesses, police officers, and informants. Courts are particularly cautious in accepting the accuracy of tips from informants.

 

PTS:   1                    OBJ:   5.1

 

56. When/why is a warrant unnecessary for the public arrest of individuals?

 

ANS:

In United States v. Watson, the U.S. Supreme Court nevertheless upheld the warrantless arrest of individuals in public based on probable cause that they had committed a felony. This was permissible even when the officers could have obtained a warrant.

 

PTS:   1                    OBJ:   5.4

 

57. What are some of the concerns noted in the book about placing an officer charged with the unlawful use of deadly force in front of a judge or jury? How do you think an officer who has committed this offense should be handled?

 

ANS:

We may question whether it is fair to place the fate of a police officer who is charged with the unlawful employment of deadly force in the hands of a judge or jury who may not fully appreciate the pressures confronting an officer who is required to make a split-second decision. On the other hand, some commentators argue that the law is ineffective in controlling the police use of deadly force because the utilization of deadly force in many instances occurs in situations in which there are few witnesses and that the judge and jury typically must rely on the well-rehearsed testimony of the police.

 

PTS:   1                    OBJ:   5.6

 

58. How may the legality of an arrest warrant be challenged?

 

ANS:

Probable cause, affidavit, procedural irregularity

 

PTS:   1                    OBJ:   5.4

 

59. Explain why courts are reluctant to find that the reports of informants constitute probable cause.

 

ANS:

Informants may have a self-interest in the prosecution of the individuals named in their reports. They may hope that their cooperation and assistance lead to a plea bargain or other benefits.

 

PTS:   1                    OBJ:   5.1

 

60. Define hearsay, give examples of different types, and explain how it is used in criminal trials.

 

ANS:

This information may come from eyewitnesses, crime victims, police officers, or informants. The problem with hearsay is that it is difficult to determine whether secondhand information is truthful and accurate. This is because the police officer who appears before the judge did not actually witness the events himself or herself and is reporting the observations of another person. Judges in criminal trials, for this reason, strictly limit the introduction of hearsay evidence. The police do not have the luxury of deciding whether to rely on hearsay. Law enforcement officers must react immediately to reports of crime and would be criticized for failing to investigate a citizen’s complaint that an armed and dangerous individual is in a school parking lot.

In determining whether hearsay provides probable cause, courts follow several simple rules. First, eyewitnesses and victims along with police officers are considered reliable, and their reports are accepted as accurate. Second, informants are presumed to be unreliable, and as a result, the information provided by informants must satisfy strict standards before a judge or magistrate finds that the information constitutes probable cause.

 

PTS:   1                    OBJ:   5.1