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Exam 4 2024/2025 Questions With Completed & Verified Solution.
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Exam 4 2024/2025 Questions With Completed & Verified Solution.
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Exam #4Probable Cause -
A set of facts or apparent facts viewed by a Police Officer which would lead a person of
reasonable caution to believe a crime has been or is being committed.
Search warrant required to search area protected by which amendment:
4th amendment
To determine if a person has a right to except privacy, there are two parts that must be
determined:
1. Does the citizen have an actual exception of privacy
2. Is this right of privacy accepted by society
For a judge to approve a search warrant, what must the facts be able to establish:
Probable Cause
Seizure of evidence that violates constitution rights not admissible
Mapp V Ohio
What is probable cause:
Reasonable ground to believe that a person has committed a crime(citizen complainant, wanted
on a warrant, on-view, and admission/confessions)
What is the exclusionary rule:
To exclude evidence seized in an unreasonable search a guaranteed by the 4th amendment
Define the Exclusionary Rule:
A judge-made doctrine which provides that evidence obtained as a result of violating the
defendant's constitutional rights may not be used by the prosecution at trial to provide direct
proof of the defendant's guilt
The Larry Eyler case:
,The arrest without probable cause violated Eyler's 4th amendment rights. Arrest was illegal
because made without probable cause(wanted for questioning is not alone probable cause to
arrest). All of the evidence seized from the back of Eyler's truck was inadmissible because of
the officer's error and the application of the exclusionary rule
How does 725 ILCS 5/107-5(a) describe the "method of arrest"
Actual restraint of person or submission into custody
What is the legal standard for defining when an arrest has occurred:
When a reasonable person believes he/she is arrested/detained/unable to leave
What are some factors a court would consider in deciding whether or not a stop had elevated to
an arrest:
Highlighted factors are the length of the detention and the type of restraint used. These must
always be reasonable in a particular situation. All the requires is that the police action is
"reasonable and necessary"
What did the court hold in Dunway V. New York
Probable cause is required in order to take a person against their will to the station and detain
them. It is an arrest whether the officer calls it an arrest or not. The totality of the circumstances
establishes probable cause, meaning reasonable grounds to believe that a particular person
committed a particular offense
What are the elements that give rise to probable cause and arrest:
1. Signed complaint
2. Person wanted on warrant
3. "on-view"
4. Confessions
Best description of the standard known as "probable cause" to arrest
Reasonable ground to believe that an offense has been committed by a particular person
When an arrest is made without a warrant , at the time the arrest is made who does the law give
the authority to decide that probable cause to arrest exists
The police officer
, What factor alone would establish probable cause to arrest
Reliable information that the person is wanted on a warrant for arrest
Are all non-consensual detentions of citizens by police automatically "arrests" by law?
No, because investigatory detentions are lawful with reasonable suspicion
What are some factors a court would consider in deciding whether or not a stop had elevated to
an arrest
Totality of the situation/circumstances. Can't use illegally obtained evidence
Does information that a suspect is "wanted for questioning" or that detectives "seek to interview"
a suspect automatically justify the arrest
NO
According to Payton V. New York, without exigent circumstances, may a peace officer make a
warrant-less arrest, non-consensual entry into a suspects home to make an arrest, if the officer
has probable cause to arrest that person
NO, warrant-less non-consensual entries for routine arreste are unlawful
What is the name of the 1980 United States Supreme Court case which prohibits warrant-less
non-consensual entries by police into the dwellings of suspects to make routine arrests
Payton V. New York
According to 725 ILCS 5/107-5 how is an arrest be made
By the actual restraint of the person or by his submission to custody
An arrest warrant gives a police officer the authority to arrest the subject of in a public place.
With an arrest warrant, in what other place may the arrest be lawfully made
In the dwelling of the arrestee
4th Amendment
protects people from unreasonable searches and seizures.
Mapp v. Ohio (1961) -
Illegally seized evidence is no longer admissible in court, also known as Exclusionary Rule.
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