What is probable cause for a search? - ANSWERS-Known facts and circumstances
are sufficient to warrant a man of reasonable prudence in the belief that contraband
or evidence of a crime will be found in the place to be searched
QUESTION 2
What is probable cause for an arrest? - ANSWERS-Exists when the known facts
and circumstances are sufficient to warrant a prudent person and believing that the
suspect has committed or was committing an offense
QUESTION 3
Ways to establish probable cause? - ANSWERS--through direct observations
-Report from another leo
-"collective knowledge" of many LEO
-training and experience
-non-human sources (k9 leads the way)
-information provided solely by victims or witnesses
END OF
PAGE 1
, LMPT EXAM TEST 2 2024
-information provided by confidential informants
QUESTION 4
What two prong test is used for confidential informants to establish probable
cause? - ANSWERS-Aguilar test
-The credibility of informant
-The informants basis of knowledge
QUESTION 5
How do you establish credibility of the informant? - ANSWERS--proven track
record
-statements against interest
-corroboration
-first-hand information
-face-to-face meetings with informant
-consistency between independent informants
END OF
PAGE 2
, LMPT EXAM TEST 2 2024
QUESTION 6
How do you establish basis of knowledge of the informant? - ANSWERS-Requires
the government to provide sufficient information to show how the informant
became aware of the information he or she is providing
QUESTION 7
What is the gates test in reference to the credibility of an informant? - ANSWERS-
The court adopted a totality of circumstances approach to determining probable
cause
QUESTION 8
What is the exclusionary rule? - ANSWERS-Evidence obtained as a result of an
unlawful search and or seizure is inadmissible in criminal trials
QUESTION 9
What is "fruit of the poisonous tree"? - ANSWERS-Evidence that a law
enforcement officer indirectly derives from information the officer learned illegally
is also in admissible
END OF
PAGE 3
, LMPT EXAM TEST 2 2024
QUESTION 10
What is the purpose of the exclusionary rule? - ANSWERS-To deter police
misconduct by creating negative consequences for disregarding the fourth
amendment requirements
QUESTION 11
What triggers the fourth amendment? - ANSWERS--Government agent
-on a quest for evidence
-There is reasonable expectation of privacy
QUESTION 12
LEO sees marijuana growing in a location where someone has a reasonable
expectation of privacy. What should the LEO do? - ANSWERS-Apply for a
warrant/gain consent/exigent circumstances
QUESTION 13
Dunn gives us four factors to consider when trying to determine if something is
part of the curtilage they are: - ANSWERS--proximity to the house
-use of different enclosures
END OF
PAGE 4
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