Criminal Procedure 9th Edition by Joel Samaha - Test Bank

Criminal Procedure 9th Edition by Joel Samaha – Test Bank

Instant Download – Complete Test Bank With Answers

Sample Questions Are Posted Below

1. Stops differ from arrests in that:
a. they always lead to a frisk or more invasive search.
b. they produce written records of the police action.
c. they occur in public places and are shorter in duration.
d. they are always shorter in duration.
ANSWER: c
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02
2. When an official takes a person into custody and holds him for anywhere between a few hours to a few days to
answer for a criminal charge, the official has conducted:
a. a stop.
b. a detention.
c. a custodial arrest.
d. imprisonment.
ANSWER: c
REFERENCES: Introduction
LEARNING OBJECTIVES: CRPR.SAMA.15.05.01 – 01
3. Whether Fourth Amendment seizures are stops or arrests depends on:
a. duration, invasiveness, location, the officer’s subjective intent.
b. duration, invasiveness, and location.
c. duration and invasiveness.
d. invasiveness and the officer’s subjective intent.
ANSWER: b
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.01 – 01
4. Which of the following is NOT a requirement of obtaining a warrant to arrest a suspect in his/her home?
a. A neutral magistrate
b. An affidavit
c. The name of the person to be arrested
d. The suspect’s criminal history
ANSWER: d
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04Powered by Cognero Page 1Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
5. Which of the following represents first-hand information immediately available to officers trying to establish
probable cause?
a. Tips from a usually reliable informant
b. A finger print match from the crime lab
c. An anonymous call to a police hotline
d. Discussions between police officers
ANSWER: b
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03
6. Who determines the ultimate legitimacy of a request for an arrest warrant?
a. A neutral magistrate
b. The officer making the arrest
c. The chief of police
d. The district attorney
ANSWER: a
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
7. According to the Supreme Court in Draper v. U.S., involving a narcotics arrest based on an informant’s
description of a suspect:
a. hearsay cannot be used to determine probable cause.
b. magistrates must determine probable cause before officers make arrests.
c. police officers must have warrants in order to make arrests.
d. hearsay can be used to determine probable cause.
ANSWER: d
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03
8. Probable cause deals with:
a. hunches and suspicions.
b. an exact degree of probability.
c. factual and practical considerations of everyday life.
d. having a specified number of facts.
ANSWER: c
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02Powered by Cognero Page 2Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
9. In which of the following situations have the courts found a use of unreasonable force?
a. Police dog grabbed and held a defendant’s arm until the police arrived.
b. Use of pepper spray on an armed suspect.
c. Binding a suspect’s ankles to his wrists behind his back (hogtying).
d. Using a single application of the taser gun.
ANSWER: c
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05
10. In Graham v Conner (1989), Graham was a diabetic who was essentially stopped and arrested after police
thought something was wrong when Graham left a convenience store abruptly. As it turned out, he was trying to
find some sugar for his diabetic condition, but the line was too long, so he left. Appearing drunk (due to the
hypoglycemic condition), he was arrested and denied sugar or orange juice, and was basically “roughed up” by
the police. The court said:
a. The use of force was not excessive and upheld the conviction for being drunk in public.
b. The police were justified in using force but should have given him the juice. However, the conviction stood.
c. The use of force was excessive and the case was remanded back to the lower court.
d. The police were justified in “roughing up” Graham and denying him any sugar or orange juice because it
would have been “unreasonable” for the police to stop in the middle of an arrest and get him relief.
ANSWER: c
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05
11. In building probable cause, police officers may rely on what they:
a. see and hear only.
b. see, hear, and smell only.
c. see, hear, and taste only.
d. see, hear, smell, and taste.
ANSWER: d
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02
CRPR.SAMA.15.05.03 – 03Powered by Cognero Page 3Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
12. In building probable cause, police officers may rely on:
a. direct information and hearsay only.
b. direct information, hearsay, and corroborated anonymous tips only.
c. direction information only.
d. direct information, hearsay, corroborated anonymous tips, and tips from informants.
ANSWER: d
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02
13. Examples of direct evidence that police can use to build probable cause include:
a. a DNA profile, a suspect fleeing an office, and a suspect making furtive movements.
b. a suspect fleeing an officer and a suspect making furtive movements.
c. a DNA profile.
d. a tip from a reliable informant and a suspect fleeing an officer.
ANSWER: a
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02
14. The U.S. Supreme Court decided in Tennessee v. Garner (1985) that:
a. police cannot shoot a fleeing suspect if he poses no imminent danger.
b. suspects can be engaged with deadly force in the presence of bystanders who could possibly be harmed.
c. lethal force can be applied against non-dangerous criminal suspects.
d. lethal force is permitted against misdemeanor offenders.
ANSWER: a
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05
15. The majority of arrests:
a. do not require a warrant to make the arrest reasonable as long as there is probable cause to arrest.
b. require a warrant based on probable cause.
c. occur in the home but still do not require a warrant.
d. occur after stops and frisks
ANSWER: a
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04Powered by Cognero Page 4Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
16. In regard to seizures, the Supreme Court in Payton v. New York held that the Fourth Amendment:
a. requires an arrest warrant to enter a home in exigent circumstances.
b. requires an arrest warrant to enter a home when officers are in hot pursuit.
c. usually requires a warrant to enter a private home to arrest a citizen.
d. requires a warrant to arrest a suspect in a public place.
ANSWER: c
REFERENCES: Arrest in Homes
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
17. Payton v. New York ruled which of the following is NOT a restriction on home arrests?
a. Knock and announce rules
b. Reliable informants
c. Felonies and arrests made during the daytime
d. Stringent probable cause
ANSWER: b
REFERENCES: Arrests in Homes
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
18. In developing probable cause, officers rely on their ________ to make decisions regarding arrests without
warrants.
a. training and experience
b. luck and intuition
c. good intentions
d. reasonableness and good faith
ANSWER: a
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02
19. Draper v. U.S. established that an anonymous tip can _______ be used in and of itself to establish probable
cause.
a. selectively
b. never
c. sometimes
d. always
ANSWER: b
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02Powered by Cognero Page 5Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
20. Which of the following is an exception to enter a home without a warrant?
a. Exigent circumstances
b. The smell of drugs
c. A tip from a neighbor
d. A tip from an informant
ANSWER: a
REFERENCES: Arrests in Homes
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
21. Commonwealth v Dunlap (2007) dealt with which of the following issues?
a. The collateral verification of hearsay evidence
b. The totality of the circumstances test
c. The reliability of anonymous tips to police officers
d. The validity of suspect statements in building probable cause
ANSWER: b
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03
22. Federal law enforcement officers can phone or radio their affidavits seeking warrants to federal magistrates under
the:
a. Federal Criminal Code.
b. Federal Rules of Evidence.
c. Federal Code of Regulations.
d. Federal Rules of Criminal Procedure.
ANSWER: d
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
23. Most cases demand that arrest warrants identify the person to be arrested:
a. with absolute certainty.
b. in sufficient detail so that it leaves nothing to the discretion of the arresting officer.
c. with reasonable certainty.
d. by name.
ANSWER: c
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04Powered by Cognero Page 6Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
24. The vast majority of arrests are made:
a. with deadly force.
b. without the use of any force.
c. with the use of nondeadly force.
d. with the use of unreasonable force.
ANSWER: b
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05
25. According to the Supreme Court opinion in Tennessee v. Garner, involving the use of deadly force to apprehend
a fleeing burglary suspect, deadly force:
a. is not a Fourth Amendment seizure.
b. to prevent the escape of all felony suspects is constitutionally reasonable.
c. is a Fourth Amendment seizure
d. can never be used for a property crime.
ANSWER: c
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05
26. The landmark Supreme Court case of Tennessee v. Garner (1985) involved the authority of police to use deadly
force to stop fleeing felons. In this case, the Supreme Court held that:
a. deadly force could be used only if the officer using deadly force had probable cause to believe the fleeing
felon posed a physical danger to himself or others.
b. the Constitution does not address such a situation.
c. deadly force could be used only if the officer using it had reasonable suspicion that the fleeing felon posed a
physical danger to himself or others.
d. deadly force could be used by the officer only if there was no other means reasonably available to stop the
fleeing felon.
ANSWER: a
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05Powered by Cognero Page 7Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
27. In Tennessee v. Garner, involving the death of a citizen due to the use of deadly force by the police, the Supreme
Court ruled that:
a. evidence seized from illegal use of deadly force is admissible in criminal cases.
b. apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the
Fourth Amendment and a police officer may not seize an unarmed, non-dangerous suspect by shooting him
dead.
c. evidence seized from illegal use of deadly force is not admissible in criminal cases.
d. the use of deadly for to prevent the escape of all felony suspect, whatever the circumstances, in
constitutionally unreasonable.
ANSWER: b
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05
28. In Graham v. O’Connor (1989), involving the arrest of a diabetic who was suffering from an insulin reaction, the
Supreme Court held that claims of excessive force in the course of making an arrest are to be analyzed under:
a. a substantive due process standard.
b. the Fourth Amendment’s “objective reasonableness” standard.
c. a “malicious and sadistic” standard.
d. a subjective standard that focuses on the intentions of the officer making the arrest.
ANSWER: b
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05
29. In Graham v. O’Connor (1989), involving the arrest of a diabetic who was suffering from an insulin reaction, the
Supreme Court indicated that:
a. the use of excessive, non-deadly force in making arrests is not covered by the Constitution.
b. the reasonableness of a particular use of force must be judged based on the benefit of hindsight.
c. the question in excessive force cases is whether an officer’s actions are objectively reasonable in light of the
facts and circumstances confronting them, without regard to his underlying intent.
d. asking whether an officer’s actions were “malicious and sadistic” is an important inquiry.
ANSWER: c
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05Powered by Cognero Page 8Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
30. In Brigham City Utah v. Charles Stuart and Others (2006), involving police entering a home without a warrant
where teenagers were partying, drinking, and officers observed an altercation occurring inside the home, the
Supreme Court ruled that:
a. the officers’ entry of the home without a warrant violated the Fourth Amendment.
b. the officers had a right to enter without a warrant because they feared the teens would flee from the house if
they waited.
c. the officers had the right to enter without a warrant because they had an objectively reasonable basis for
believing someone in the home was seriously injured or being threatened with imminent injury.
d. the officers should have called an ambulance and let the EMTs enter without a warrant.
ANSWER: c
REFERENCES: Arrest in Homes
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
31. Most misdemeanor offenders are issued a(n) ________, but can be arrested under certain circumstances.
a. citation
b. indictment
c. writ of appearance
d. injunction
ANSWER: a
REFERENCES: After Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.06 – 06
32. After an arrest, which of the following do the police NOT commonly do?
a. take DNA samples from the arrested person
b. fingerprint the suspect
c. interrogate the suspect
d. search the suspect
ANSWER: a
REFERENCES: After Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.06 – 06
33. In the U.S. Supreme Court case Atwater v. City of Lago Vista, the Court decided that the:
a. arrest was reasonable because the offense was repeated and serious.
b. arrest was unreasonable because the offense was not serious.
c. decision to arrest should be left to officer discretion.
d. arrest was unreasonable since Atwater was not a flight risk.
ANSWER: c
REFERENCES: After Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.06 – 06Powered by Cognero Page 9Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
34. In the U.S. Supreme Court case Atwater v. City of Lago Vista, the Court held that:
a. citations are the sole way for law enforcement to deal with misdemeanor offenders.
b. arrests are permitted only for felony offenses, with no exceptions.
c. the Fourth Amendment authorized a police officer to make a full custodial arrest for committing a fine-only
criminal offense in his presence.
d. deadly force can be used for misdemeanor offenders.
ANSWER: c
REFERENCES: After Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.06 – 06
35. In Atwater v. City of Lago Vista, the Supreme Court ruled that:
a. the Fourth Amendment does not prohibit a warrantless arrest for a minor offense, including a traffic
misdemeanor violation.
b. the Fourth Amendment prohibits a warrantless arrest for a minor offense, including a traffic misdemeanor
violation.
c. the Fourth Amendment prohibits a warrantless arrest for a traffic misdemeanor violation.
d. the Fourth Amendment requires that in order to effect an arrest for a traffic misdemeanor violation there
should be reasonable suspicion that the suspect has also committed a felony.
ANSWER: a
REFERENCES: After Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.06 – 06
36. Arrests produce written documents that become part of a person’s record.
a. True
b. False
ANSWER: True
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.01 – 01
37. Arrests are usually shorter in duration than stops.
a. True
b. False
ANSWER: False
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.01 – 01Powered by Cognero Page 10Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
38. Full custodial arrest is not the most invasive type of arrest.
a. True
b. False
ANSWER: False
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
39. An officer’s subjective, honest belief that a crime has been committed is enough to support probable cause to
arrest.
a. True
b. False
ANSWER: False
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02
40. Police can never arrest someone for a minor traffic offense.
a. True
b. False
ANSWER: False
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
41. In determining probable cause, police officers must rely solely on direct information.
a. True
b. False
ANSWER: False
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03
42. Victims and witnesses are the source of most hearsay information the police obtain.
a. True
b. False
ANSWER: False
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03Powered by Cognero Page 11Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
43. In Draper v. United States, the Supreme Court determined that information that may not be admissible at trial to
prove guilt could still be used to establish probable cause.
a. True
b. False
ANSWER: True
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03
44. There is a bright line difference between an arrest and a stop.
a. True
b. False
ANSWER: False
REFERENCES: Introduction
LEARNING OBJECTIVES: CRPR.SAMA.15.05.01 – 01
45. Probable cause alone is not enough to make an arrest a reasonable Fourth Amendment seizure.
a. True
b. False
ANSWER: True
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03
46. Deadly force can never be used to make an arrest.
a. True
b. False
ANSWER: False
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.06 – 06
47. The Fourth Amendment requires that magistrates base their probable cause determination on information sworn to
under oath.
a. True
b. False
ANSWER: True
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04Powered by Cognero Page 12Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
48. According to the U.S. Supreme Court, so long as officers have probable cause, they do not need to obtain prior
judicial approval to make an arrest in a public place.
a. True
b. False
ANSWER: True
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02
CRPR.SAMA.15.05.04 – 04
49. Unless the police are in hot pursuit of a suspect, the Fourth Amendment usually requires a warrant to enter a
private home to make arrests.
a. True
b. False
ANSWER: True
REFERENCES: Arrests in Homes
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
50. Whether police used excessive force in making a nondeadly force arrest is measured by an objective standard.
a. True
b. False
ANSWER: True
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05
51. The objective basis necessary for a police officer to make an arrest is ____________ ____________.
ANSWER: probable cause
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02
52. Information received by the police from third persons is called ______________.
ANSWER: hearsay
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02
53. A written, sworn statement submitted to a magistrate by a police officer seeking an arrest or search warrant is
called a(n) __________.
ANSWER: affidavit
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03Powered by Cognero Page 13Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
54. The main sources of hearsay information used to establish probable cause in most arrests that rely on hearsay are
___________ _____________.
ANSWER: professional informants
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03
55. The ________ of the person to be arrested must be listed on the arrest warrant.
ANSWER: name
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
56. Kuha v. Minnetonka (2003) held that a dog trained only in the ______ and _____ technique met the requirements
of the objective standard of reasonable force test.
ANSWER: bite; hold
REFERENCES: Arrest by Force
LEARNING OBJECTIVES: CRPR.SAMA.15.05.05 – 05
57. Information known by police based on what they see, hear and smell is ______________ information.
ANSWER: direct
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03
58. The reasonableness of an arrest depends on the existence of probable cause and the __________ in which the
arrest is made.
ANSWER: manner
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02
59. Police can arrest a suspect in the suspect’s home without a warrant if there are __________ circumstances that
would justify such an arrest.
ANSWER: exigent
REFERENCES: Arrests in Homes
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
60. The U.S. Supreme Court has ruled that a __________ is necessary to effect a routine arrest of a suspect in their
home.
ANSWER: warrant
REFERENCES: Arrests in Homes
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04Powered by Cognero Page 14Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
61. Identify the characteristics of a full custodial arrest and contrast it with a stop.
ANSWER: A full custodial arrest, i.e., one that lasts for a substantial period of time and is usually
accompanied by a trip to a police station or jail, and must be based on probable
cause. Secondly, the duration of a full custodial arrest can last from several hours to a
few days. The location of full custodial arrest begins on the street or other public or
private places but ultimately usually results in removal to a police station. Besides
being removed to a police station, the arrested person also suffers other invasion of
privacy. They are usually fingerprinted, booked, photographed, interrogated and also
possibly subjected to some identification procedures.
Full custodial arrests differ from stops in two important respects. The first is duration.
Stops are measured in minutes; full custodial arrests can last hours and sometimes
even days. The second respect in which the two differ is location. Stops begin and end
on the streets and in other public places. Arrested people are taken to the isolated and
intimidating surroundings of local police departments and jails.
Not all arrests are equally invasive. Full custodial arrests are the most invasive of all
arrests, but less invasive seizures are also arrests. An arrest begins when a stop ends
and the individual is still detained, and continues through full custodial arrests where the
person is usually placed into a squad car, taken into a station house, subjected to a
search, photographed, booked and fingerprinted, interrogated and ultimately locked up
for a substantial period of time.
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.02 – 02Powered by Cognero Page 15Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
62. Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause
balance?
ANSWER: Probable cause to arrest means that there are enough facts and circumstances to lead
police officers in light of their experience to reasonably believe that the person
arrested has committed, is committing, or is about to commit a crime. Reasonable
suspicion only requires that officers based upon the information that they have seen
or learn from reasonably trustworthy source, reasonably suspect that a person may
has or is about to commit a crime.
Probable cause to arrest lies on a continuum between reasonable suspicion on one end
and proof beyond a reasonable doubt on the other. Reasonable suspicion is needed to
justify a stop, the least intrusive activity subject to the Fourth Amendment. Probable
cause is needed to justify an arrest, which is more intrusive than a stop as it lasts longer
and usually requires a removal from the place stopped. The highest burden of proof is
proof beyond a reasonable doubt. This is the proof needed to convict and imprison
someone for crime that can lead to a punishment from some part of a year to life.
The probable cause requirement balances the societal interest in crime control against
the individual right of locomotion, the freedom to come and go as we please.
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03
63. Make a list of facts officers can take into account in building probable cause. What use can officers make of
hearsay in building probable cause?
ANSWER: Police can use both direct information and/or hearsay in building probable cause.
Direct information is first hand information known to arresting officers by what they
see, hear, feel, taste, and smell. Some examples of direct information would be flight,
furtive movements by a suspect, hiding, attempts to destroy evidence, resisting
officers, giving evasive answers, giving contradictory explanations, fingerprints, hair
samples, blood samples, and DNA information.
Hearsay is information that officers get second hand from victims, witnesses, other
police officers and professional informants. To help in the probable cause
determination, this hearsay must be reliable. Officers can use hearsay in order to build
probable cause.
REFERENCES: Probable Cause to Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.03 – 03Powered by Cognero Page 16Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST
64. Identify and provide details about the three elements of arrest warrants that satisfy the requirements of the Fourth
Amendment warrant clause.
ANSWER: The three elements of arrest warrants that satisfy the Fourth Amendment warrant
clause are as follows: (1) a neutral magistrate who decides whether probable cause
exists; (2) a sworn statement made by somebody who swears under oath to the facts
and circumstances amounting to probable cause; and (3) the name of the person to
be arrested, i.e. the warrant must identify specifically the persons the officers are
going to arrest.
As for the first requirement, that of a neutral magistrate, this requires the police to get
approval from a neutral magistrate, who will fairly and accurately review the warrant
before it is issued. Studies have shown that most magistrates devote little time to
reviewing a warrant’s sufficiency. They assume that the person swearing to it is being
honest and they tend to ask no questions about the warrant.
As for the second requirement of a sworn statement, also known as an affidavit, the
Fourth Amendment requires that magistrates base their probable cause determinations
on information sworn to under oath. The pain of perjury encourages truthfulness. If the
affidavit establishes probable cause, the magistrate usually issues the warrant.
The final requirement, naming the persons to be arrested, is part of the Fourth
Amendment’s particularity requirement. Thus the warrant should contain the name of
the person to be arrested or, if the person’s name is not known, a description by which
the person can be identified with reasonable certainty.
REFERENCES: The Arrest Warrant Requirement
LEARNING OBJECTIVES: CRPR.SAMA.15.05.04 – 04
65. When an officer arrests a suspect for a felony, what are the steps that typically occur after the arrest?
ANSWER: (1) Search suspect
(2) Suspect goes to police station for booking.
(3) Photographing and finger printing
(4) Interrogation
(5) Lineup
(6) Initial investigative results are turned over to the prosecutor
(7) Prisoner is presented to a magistrate
REFERENCES: After Arrest
LEARNING OBJECTIVES: CRPR.SAMA.15.05.06 – 06Powered by Cognero Page 17Chapter 05: SEIZURES OF PERSONS: ARREST
SEIZURES OF PERSONS: ARREST