Probable Cause, Exclusionary rule, ethics and misconduct

Question 1

Define Probable Cause

Answer 1

belief on ground facts, to suspect a person has committed or is committing a crime.

Question 2

circumstances in which PC impacts an officer and courts

Answer 2

probability not certainty, magistrate must interpret the officers statement of PC in a common sense or realistic manner.

Question 3

magistrate responsibility in determination of probable cause.

Answer 3

4th amendment standard has been met, offense has been committed, person that was arrested committed it. Magistrate can’t only rely on officers conclusion.

Question 4

firsthand info vs other sources of info, types of “personal knowledge” facts and identify four sources of secondhand information.

Answer 4

personal knowledge (officers knowledge) 
secondhand info- obtained in a legal manner, found to be sufficiently reliable. 
types of sources
1. Identifiable Source
2. Good Citizen Informant
3. Anonymous Tip
4. Confidential Criminal Informant

Question 5

identify exclusionary rule

Answer 5

judicially created remedy that which results in the suppression of evidence (derived from an illegal or seizure. Also deter police misconduct

Question 6

three examples of primary evidence that may be suppressed and phrase “fruit of the poisonous tree”

Answer 6

physical evidence, identification evidence, verbal evidence

Question 7

three government defense to allegations of “tainted evidence”

Answer 7

Independent Source, Inevitable Discovery, and attenuation.

Question 8

Identify the Good Faith Exception

Answer 8

exclusionary rule should be modified so as not to bar the use of evidence obtained by officers acting in reasonable reliance on a search warrant thereafter found to be unsupported by probable cause, or found to be technically deficient on its face.

Question 9

Discuss the facts in Arizona v. Evans and argue whether or not the exclusionary rule should be applied to the evidence

Answer 9

.

Question 10

terms commonly associated with the study of LE certification misconduct

Answer 10

Ethics, Law Enforcement Officer, Telecommunications Officer, Law enforcement certification misconduct, rationalization, contested case hearing, law enforcement training council.

Question 11

continuum of compromise

Answer 11

officers that get into ethical dilemmas