Chapter 1: Probable Cause

Question 1

Draper v United States, 1959

Answer 1

Information from an informant that is corroborated by an officer may be sufficient to provide probable cause for an arrest even if such info is hearsay

Question 2

Spinelli v United States, 1969

Answer 2

To establish probable cause, an affidavit must meet two-pronged test in Aguilar v Texas. Failure to do so means that warrant issued is invalid

Two-pronge test in Aguilar v Texas. Probable cause based on information obtained from informant could be established only if the following were present: reliability of informant and reliability of informants information. Both conditions must be satisfied before probable cause established.

Question 3

Illinois v Gates, 1983

Answer 3

Two pronged test for probable cause is abandoned in favor of the “totality of circumstances” test.

totality of circumstances test: probable cause established if based on circumstances (including hearsay) there is a fair probability that contraband or evidence of crime will be found in a particular place.

Question 4

Unites States v Sokolow, 1989

Answer 4

totality of circumstances in this case established a reasonable suspicion that suspect was transporting illegal drugs; hence, the investigative stop without warrant was valid.

this case addresses issue of drug courier profiles

Question 5

Devenpeck v Alford, 2004

Answer 5

4th Amendment does not require the offense establishing probable cause for an arrest to be “ closely related” to and based on the same conduct as the offense identified by the officer during initial encounter

Case involving impersonating a police officer

Question 6

Most important and most often used phrase in law enforcement

Answer 6

Probable cause

Question 7

Probable Cause Defintion

Answer 7

US Supreme Court- as more than bare suspicion; it exists when “the facts and circumstances within the officers knowledge and of which they had reasonable 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.” Brinegar v United States

Question 8

In mathematical terms, probable cause exists if there is more than what percent, of certainty that suspect committed the offense or that items sought can be found in a certain place

Answer 8

50 percent

Question 9

probable cause is likely to be strengthened by?

Answer 9

quantity, in addition to quality, meaning that the more articulable reasons an officer has, the greater the likelihood that probable cause will be found by courts