Probable Cause

Question 1

PC requires that specific items must be ___

Answer 1

presently at the place to be searched

Question 2

PC for arrest requires that ____

Answer 2

facts officer has would lead RP to believe is committing or has committed a crime

Question 3

When weighing the adequacy of PC, courts look to ___

Answer 3

• source of info
• reasonable inferences that can be drawn from it

Question 4

For PC, officers are assumed to be ___

Answer 4

credible (deference given to experience and expertise)

Question 5

The standard for PC doesn’t vary ___

Answer 5

officially by severity of crime (but maybe does in magistrate head)

Question 6

For PC with informant info there is a _____

Answer 6

totality of the circumstances approach (Gates)

Question 7

Totality weighing for PC from informant involves ___

Answer 7

1) basis of knowledge
2) veracity/reliability (Spinelli)
3) Corroboration

Question 8

A high crime neighborhood can be ____ for PC

Answer 8

factor but not sufficient

Question 9

Case about PC for arrest

Answer 9

Brinegar

Question 10

In Nathanson, the officer’s warrant said ___

Answer 10

he had cause to suspect and believed ∆ stole merchandise.

Question 11

The warrant in Nathanson had no PC because ___

Answer 11

mere affirmation of suspicion/belief not enough, police must find PC in specific facts or circumstances and relay in warrant app

Question 12

In Draper the police had PC to arrest because ___

Answer 12

corroborated every detail informant provided (except the actual drugs)

Question 13

Draper facts

Answer 13

Known informant gave specific info D would be carrying drugs when arrived on train station on particular date and said what he would be wearing, police saw D wearing exactly what informant said

Question 14

In Draper there may not have been PC if Spinelli test because ___

Answer 14

little info about basis of knowledge and past reliability

Question 15

Draper holds that _______ can salvage an otherwise ____

Answer 15

independent police verification of facts supplied by informant, inadequate showing of facts from CI

Question 16

Spinelli facts

Answer 16

D going across bridge, tip from reliable unnamed CI that D is a bookie, once FBI see D enter apt with 2 phone numbers

Question 17

Spinelli held that the warrant was ___

Answer 17

invalid because no PC

Question 18

Basis of knowledge goes to __ and can include __

Answer 18

how does informant know this, specificity of the tip

Question 19

Veracity is about ___

Answer 19

how do we know if informant’s info is accurate (given info in past that is correct, revealed identity etc)

Question 20

_____ may aid veracity prong

Answer 20

self-incriminating info

Question 21

Spinelli says that if an informant’s tip is very detailed, it might ___

Answer 21

be reason to accept even if lack basis of knowledge (suggest speaking from personal experience not conjecture or rumor)

Question 22

Corroboration can help with Spinelli but ___

Answer 22

if activities consistent with innocent behavior hard to justify RP concluding evidence of crime will be found

Question 23

Evidence of prior acts not given weight as confirmation of tip but ____

Answer 23

can be considered (Harris)

Question 24

Gates holds that ___

Answer 24

Spinelli is too rigid, use totality of circum with basis of knowledge and veracity as guideposts, fact-specific

Question 25

Under Gates, unusual CI reliability can ____

Answer 25

overcome basis of knowledge and/or questionable motives

Question 26

Gates facts

Answer 26

get CI info in letter that couple trafficking drugs, police observe and almost everything in letter corroborated

Question 27

Stevens dissent in Gates

Answer 27

info wasn't completely accurate so conduct less unusual and search more unreasonable

Question 28

Post-Gates for PC/issue a warrant, there must be a ____

Answer 28

fair probability evidence found in particular place at particular time (search) or person committed crime (arrest)

Question 29

In appellate review, there is ____ to magistrate's determination of PC if warrant issued

Answer 29

great deference

Question 30

On appellate review, if no warrant, then ___ for PC and ___ for findings of historical fact

Answer 30

de novo with due weight (Ornelas), clear error

Question 31

If searching a home, assume ___

Answer 31

you need a warrant

Question 32

Upton facts

Answer 32

legal search of motel room yielded some items but not stolen jewelry, CI calls and says jewelry could be found in defendant motor home, CI won't say who she is but officer knows gf, she says she wants to burn him

Question 33

Upton holds that __

Answer 33

PC because strong basis of knowledge and corroboration (accurately described goods, knew about raid, provided motive, claimed to be ex)

Question 34

The key to Upton for SCOTUS was that __

Answer 34

caller in position to know actions of defendant

Question 35

Upton says that the _____ was reasonable

Answer 35

inference of caller's identity as ex gf

Question 36

Upton found that no ___ but ___

Answer 36

single piece of evidence conclusory, together forms PC

Question 37

Upton says that SCOTUS ____ Aguilar-Spinelli

Answer 37

rejected (not modified)

Question 38

After SCOTUS ruled on Upton, Mass decided ___

Answer 38

Aguilar-Spinelli necessary under Mass Constitution

Question 39

Pringle facts

Answer 39

Car stopped, defendant passenger, when driver opened glove compartment for registration noticed roll of money, officer asked to search car and driver consented, police found cocaine and all car occupants arrested, defendant later confessed

Question 40

Pringle holds that a car is different from ___

Answer 40

tavern or other building

Question 41

Pringle holds that it is reasonable for police to infer ___ so there was ___

Answer 41

common enterprise among car's occupants, PC to arrest all occupants

Question 42

Pringle probably could not have been convicted without ___

Answer 42

his confession

Question 43

Pringle says there probably wasn't enough to ___ but __

Answer 43

prosecute all 3 men, fair probability and arrest is opp to investigate not beginning of adjudication

Question 44

Harris is about ___

Answer 44

dog sniff reliability

Question 45

Harris holds that if a ______ then court can presume dog's alert gives PC to search

Answer 45

bona fide org certified dog after testing his reliability in a controlled setting

Question 46

Harris emphasizes ___

Answer 46

flexible common sense standard and non-technical nature of PC