Chapter 5 (Rule of Law)

Question 1

Rule of Law (standard)

Answer 1

The 4th Amendment protects people from unreasonable searches and seizures. Arrests are 4th Amendment seizures that require probable cause. In general, there are two elements of reasonableness for a lawful arrest: firstly, the objective basis component, which means it is an arrest backed by probable cause and second, the manner of the arrest must be reasonable. Probable cause requires that an officer, in light of his training and experience, knows enough facts and circumstances to reasonably believe the following: 1. A crime has been, is being, or is about to be committed; 2. The person arrested has committed, is committing, or is about to commit the crime. In all arrest cases, the balancing of societal/governmental interest in crime control against the right to freedom of movement must be taken into account.

Question 2

Informants

Answer 2

Informant tips can be reliable, whether they are based on direct or hearsay evidence, as long as they support probable cause. Allison v. State demonstrated that a non-professional informant to an eyewitness to a crime is enough to support probable cause even without specific corroboration of reliability.

Question 3

Minor Offenses

Answer 3

Finally, probable cause can be the grounds for an arrest even in the most minor of offenses.