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CJ 343 Criminal Procedure Exam 2 With Complete Solutions
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CJ 343 Criminal Procedure Exam 2 WithComplete Solutions
The Fourth Amendment protects the right of the people to be secure in their _____, _____, _____, and
_____. Answer: persons, houses, papers, and effects
^ Against _____ searches and seizures, Answer: unreasonable
^ shall not be violated, and no Warrants shall issue, but upon _____ _____, Answer: probable cause
^ supported by Oath or affirmation, and _____ describing the place to be searched, and the persons or
things to be seized. Answer: particularly
When is probable cause required? Answer: Two instances where the police must have probable
cause:
- Arrests with or without a warrant.
- Searches and seizures of property with or without a warrant.
Probable cause can be established in what three ways? Answer: - Through the officer's own
knowledge of particular facts and circumstances.
- Through information given by a reliable third person (informant).
- Through information plus corroboration by the officer.
What 1949 case that is still good law today defined probable cause? Answer: Brinegar v. United
States.
, Brinegar v. United States says that probable cause is _____ _____ _____ _____ Answer: more than
bare suspicion
^ it exists when the facts and circumstances within the officer's knowledge and of which they had _____
_____ _____ Answer: reasonably trustworthy information
^ are sufficient in themselves to justify a _____ _____ _____ _____ in the belief that an offense has been
or is being committed. Answer: "man of reasonable caution"
List four things that an officer may consider in determining probable cause. Answer: - Prior criminal
record of the suspect.
- Flight.
- Unusual hour.
- Highly suspicious conduct.
- Presence of suspect in a high crime area.
What case abolished the two-pronged Aguilar Test and introduced _____ test in determining whether or
not probable cause existed? Answer: - Spinelli v. United States gave us the Aguilar two-prong test.
- Illinois v. Gates abandoned that test and introduced the "totality of the circumstances" test.
In Maryland v. Pringle, the Supreme Court held that the term "man of reasonable caution" be
interpreted to mean what? Answer: Man of reasonable caution = objectively reasonable police
officer.
In Maryland v. Pringle, the court held that if there is probable cause to arrest the driver, who else can be
arrested? Answer: Everyone else in the vehicle can be arrested too if no one claims possession.
- Equal access.
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