Criminal Due Process Quiz #3 Flashcards
Why did Aguilar win in Aguilar v. TX?
There was no sufficient basis for probable cause, the informant was not shown to be credible or reliable, and there was no basis of knowledge
T/F - The exclusionary rule only applies to direct evidence of an illegal search
False
T/F - There has to be probable cause even when an officer acts without a warrant
True
The two parts of the Aguilar Test
Police provide basis of knowledge of how the informant knows the information their sharing, and truth of credibility/veracity/reliability of informant
T/F - When an officer applies for a search or arrest warrant, he must have/show probable cause
True
T/F - Gates overruled Aguilar/Spinelli
True
What is the Totality of Circumstances test?
Considering all circumstances in a case to determine probable cause
Which case gave the Totality of Circumstances test?
IL v. Gates
The poisonous tree is
The illegal act(s) by the police
Is it possible to spend time in jail for an offense you might not actually go to jail for?
Yes, because the Supreme Court makes no distinction
Can you be arrested for minor criminal offenses?
Yes, because USSC said in a bright line rule you can
What case held the law that says you can be arrested for minor criminal offenses?
Atwater v. Lago Vista
T/F - Courts in MA still use the Aguilar-Spinelli test
True
US v. Steagald - Was is arrest/seizure of evidence legal?
No, because his 4th A rights were not protected
T/F/ - The police cannot arrest Joe in Patty’s home without an arrest and search warrant
True
Can an officer arrest someone in public place with probable cause but without a warrant
Yes, even if they had time to get a warrant, and according to US v. Watson
T/F - An arrest warrant is required for an in home arrest, absent acceptions
True
T/F - Your warrantless arrest in the doorway of your home, does not violate the 4th Amendment per the USSC
True, if and officer has probable cause
The case that held your warrantless arrest in the doorway of your home does not violate the 4th Amendment is
US v. Santana
T/F - Santana’s warrantless arrest in your doorway is also applied in MA
False
The case that held the law in MA about warrantless arrests in your doorway is
Commonwealth v. Marquez
T/F - Wong Sun v. US held that all evidence seized illegally is excluded
False
If an arrest is invalid/illegal, what is the consequence?
No, the evidence resulting from the arrest is thrown out
The authority under an arrest warrant is limited to
Where the suspect lives, if there is reasonable belief that he/she is there
