Criminal Due Process Quiz #3

Question 1

Why did Aguilar win in Aguilar v. TX?

Answer 1

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

Question 2

T/F - The exclusionary rule only applies to direct evidence of an illegal search

Answer 2

False

Question 3

T/F - There has to be probable cause even when an officer acts without a warrant

Answer 3

True

Question 4

The two parts of the Aguilar Test

Answer 4

Police provide basis of knowledge of how the informant knows the information their sharing, and truth of credibility/veracity/reliability of informant

Question 5

T/F - When an officer applies for a search or arrest warrant, he must have/show probable cause

Answer 5

True

Question 6

T/F - Gates overruled Aguilar/Spinelli

Answer 6

True

Question 7

What is the Totality of Circumstances test?

Answer 7

Considering all circumstances in a case to determine probable cause

Question 8

Which case gave the Totality of Circumstances test?

Answer 8

IL v. Gates

Question 9

The poisonous tree is

Answer 9

The illegal act(s) by the police

Question 10

Is it possible to spend time in jail for an offense you might not actually go to jail for?

Answer 10

Yes, because the Supreme Court makes no distinction

Question 11

Can you be arrested for minor criminal offenses?

Answer 11

Yes, because USSC said in a bright line rule you can

Question 12

What case held the law that says you can be arrested for minor criminal offenses?

Answer 12

Atwater v. Lago Vista

Question 13

T/F - Courts in MA still use the Aguilar-Spinelli test

Answer 13

True

Question 14

US v. Steagald - Was is arrest/seizure of evidence legal?

Answer 14

No, because his 4th A rights were not protected

Question 15

T/F/ - The police cannot arrest Joe in Patty’s home without an arrest and search warrant

Answer 15

True

Question 16

Can an officer arrest someone in public place with probable cause but without a warrant

Answer 16

Yes, even if they had time to get a warrant, and according to US v. Watson

Question 17

T/F - An arrest warrant is required for an in home arrest, absent acceptions

Answer 17

True

Question 18

T/F - Your warrantless arrest in the doorway of your home, does not violate the 4th Amendment per the USSC

Answer 18

True, if and officer has probable cause

Question 19

The case that held your warrantless arrest in the doorway of your home does not violate the 4th Amendment is

Answer 19

US v. Santana

Question 20

T/F - Santana’s warrantless arrest in your doorway is also applied in MA

Answer 20

False

Question 21

The case that held the law in MA about warrantless arrests in your doorway is

Answer 21

Commonwealth v. Marquez

Question 22

T/F - Wong Sun v. US held that all evidence seized illegally is excluded

Answer 22

False

Question 23

If an arrest is invalid/illegal, what is the consequence?

Answer 23

No, the evidence resulting from the arrest is thrown out

Question 24

The authority under an arrest warrant is limited to

Answer 24

Where the suspect lives, if there is reasonable belief that he/she is there