3: Unreasonableness and PC

Question 1

When is PC always required?

Answer 1

Warrants & arrests

Question 2

Staleness

Answer 2

Whether there is presently PC to search

Question 3

Standard for PC

Answer 3

Fair probability; substantial chance or basis

Question 4

Test for PC

Answer 4

Totality of the circumstances

Question 5

Is PC evaluated objectively or subjectively?

Answer 5

Objectively

Question 6

Is PC presumptively required for a valid search?

Answer 6

Yes

Question 7

What is normally required for searches?

Answer 7

PC and a warrant

Question 8

What is normally required for public arrests?

Answer 8

PC (a warrant is not required)

Question 9

Is it reasonable to arrest for misdemeanors & violations based on PC?

Answer 9

Yes, if the statute permits an arrest

Question 10

What are the textual requirements of a warrant?

Answer 10

PC, under oath/affirmation, satisfy particularity, and neutral & detached judicial officer

Question 11

Any extra constitutional requirements for a warrant?

Answer 11

Properly executed per Supreme Court

Question 12

Is the knock and announce rule bright line or case-by-case?

Answer 12

Presumptively required, case by case

Question 13

PC to arrest requirements

Answer 13

(1) Particular individual and

(2) Committed or is committing particular offense for which an arrest is authorized

Question 14

PC to search requirements

Answer 14

(1) Something that can be searched or seized by the gov (2) is presently (3) in the specific place to be search