Probable Cause and Arrests MCQs (Criminal Procedure U.S.)
Probable Cause and Arrests MCQs (Criminal Procedure U.S.)
Welcome to MCQss.com's page dedicated to Probable Cause and Arrests MCQs. This page features a variety of multiple-choice questions related to probable cause determinations and the legal aspects of arrests.
Probable cause is a fundamental concept in criminal law, serving as the basis for the initiation of arrests and search warrants. Understanding the legal principles, requirements, and challenges associated with probable cause determinations and arrests is crucial for professionals in law enforcement, criminal justice, and legal fields.
The Probable Cause and Arrests MCQs on MCQss.com provide an interactive platform to assess and expand your knowledge in this area. Each question presents a scenario, concept, or legal principle related to probable cause and arrests. By selecting the correct answer, you can test your understanding and receive immediate feedback to reinforce your knowledge.
By practicing these MCQs, you can explore various aspects, including the standard of probable cause, reasonable suspicion, warrantless arrests, exceptions to the warrant requirement, and the constitutional rights of individuals during arrests. These MCQs serve as a valuable resource for exam preparation, self-assessment, or deepening your understanding of the complexities involved in probable cause determinations and arrests.
1: Lebron was approached as he was walking down the street by two police officers. He was taken to the police station for questioning related to a homicide. His possessions were inventoried upon arrival, and he was subject to an interrogation. What type of stop has taken place?
A. Terry stop
B. Custodial arrest
C. A consented to encounter
D. An illegal questioning
2: After the officers took Lebron to the station, he was taken inside and placed in a small room. He was never told that he was under arrest or being held for questioning, nonetheless he believed that he was under arrest based on the circumstances. Lebron cannot be under arrest without a formal statement from an officer stating so.
A. True
B. False
3: Probable cause requires that a police officer subjectively concludes, based on reasonably reliable facts, that a crime has been committed, and the person being arrested has committed the crime.
A. True
B. False
4: Shane has a modest criminal recor He was more than willing to admit that he previously had contact with law enforcement, but he had long since left the criminal lifestyle behin He was driving down the 101 highway and noticed a squad car behind him. The officer ran the plate and knew that Shane had been in trouble before, so he stopped him based on his past criminal recor The officer arrested him based on the fact he had been arrested and convicted multiple times in the past. A criminal record of any sort typically constitutes probable cause for arrest.
A. True
B. False
5: Probable cause can never be based on hearsay or second hand information.
A. True
B. False
6: The Aguilar-Spinelli test has two prongs: veracity and basis-of-knowledge. As long as only one prong is satisfied, the informant’s information can be relied upon to obtain a warrant.
A. True
B. False
7: Some jurisdictions consider a totality of the circumstances approach in considering whether probable cause exists to obtain a warrant.
A. True
B. False
8: A warrant was issued for the arrest of Jane. The affidavit used to obtain the warrant contained false statements knowingly made by the affiant. May the warrant be overturned on this basis?
A. No, warrants, once issued, cannot be overturne
B. No, unless actual malice can be proved beyond a reasonable doubt.
C. Yes, whether or not the affiant knew the information to be false.
D. Yes, providing the affiant knew the information was false.
9: Warrants may be overturned on the basis of substantive irregularity only; procedural irregularity is irrelevant.
A. True
B. False
10: Amber is enjoying a nice road trip across the southwestern United States. After a long day of driving, she stops at a hotel just outside of Palm Springs, C She gets settled in her room and orders room service. Twenty minutes later, there is a knock at the door. Thinking it is her room service, she gets up and walks toward the door. Before she gets to the door, the police kick the door in and place her under arrest. They did not obtain a warrant because they believed the hotel was a public place. Amber believes she had a privacy interest in the hotel room she paid for. If Amber challenges this, which party is likely to win?
A. The police
B. Amber
C. The jury will decide
D. None of the above
11: Which is not an example of exigent circumstances?
A. Hot pursuit
B. Public safety
C. Destruction of evidence
D. Habitual offender
12: Sarah was pulled over on the highway by an officer who suspected her of driving under the influence. The officer requested she submit to the appropriate testing to determine her blood alcohol content, but Sarah refuse The officer, afraid that the alcohol in the bloodstream would begin to dissipate, conducted a blood test without a warrant despite Sara’s protest. The officer was not required to obtain a warrant because the dissipation of alcohol in the bloodstream constitutes exigent circumstances.
A. True
B. False
13: The common law fleeing-felon rule authorizes the police to use deadly force to apprehend a felon who is fleeing from the police.
A. True
B. False
14: When analyzing an officer’s allegedly excessive use of nondeadly force, which is not a factor to be considered?
A. Seriousness of the offense
B. Criminal history
C. The immediacy of the threat posed by the suspect
D. Whether the suspect is resisting arrest or attempting escape
15: The Supreme Court has held that if an officer has probable cause to believe that an individual has committed even a minor offense in his or her presence, he or she may arrest the offender without violating the Fourth Amendment.
A. True
B. False
16: An arrest is more intrusive than an investigative stop and frisk.
A. True
B. False
17: The police officer is required to demonstrate that he or she has good reason to believe that the informant’s information is accurate.
A. True
B. False
18: The order of burden of proof for arrests is reasonable suspicion.
A. True
B. False
19: The totality of the circumstances test was initially established in the 1960s but then abandoned some 10 years later in favor of the Aguilar–Spinelli test.
A. True
B. False
20: The U.S. Supreme Court changed from one informant test to the other because the requirements of the original test were simply too difficult to satisfy.
A. True
B. False
21: Most arrests take place with warrants.
A. True
B. False
22: Unless there are exigent circumstances, to make an arrest in the suspect’s home, an officer must have an arrest warrant.
A. True
B. False
23: It is constitutional for a suspect to be confronted by police in the hallway outside the front door to his apartment and arrested without a warrant.
A. True
B. False
24: Deadly force is so controversial, in part, due to the fact that officers who use deadly force are, in effect, imposing capital punishment without trial.
A. True
B. False
25: Police officers are never allowed to make an arrest for a misdemeanor, but must instead issue a citation.
A. True
B. False
26: What level of proof is required for police to obtain an arrest warrant?
A. Hunch
B. Preponderance of the evidence
C. Reasonable suspicion
D. Probable cause
27: What level of proof is required for police to make an arrest without a warrant?
A. Hunch
B. Preponderance of the evidence
C. Reasonable suspicion
D. Probable cause
28: In order to obtain a warrant, police must submit a(n) ______ to a magistrate.
A. Affidavit
B. Subpoena
C. Indictment
D. Appeal
29: The area in which police are most likely required to have a warrant to make an arrest is ______.
A. A public street
B. The suspect’s home
C. The suspect’s car
D. A private business
30: In which case did the U.S. Supreme Court establish the current rule for establishing informant reliability?
A. Illinois v. Gates
B. Aguilar v. Texas
C. Spinelli v. United States
D. Draper v. United States
31: _____ is known as individual who swears to a warrant.
A. None of these
B. Tort fees
C. Compensatory damages
D. Affiant
32: Is affidavit sworn statement setting forth facts constituting probable cause that an individual has committed a criminal offense?
A. False
B. True
33: _____ is affidavit must detail informant’s credibility and basis of knowledge.
A. None of these
B. Hunch
C. Aguilar–Spinelli test
D. Reasonable suspicion
34: _____ is defined as police custody of an individual based on probable cause that he or she committed a crime.
A. Contraband
B. None of these
C. Arrest
D. A reason to file a complaint
35: _____ is known as judicial finding that there is probable cause to arrest an individual.
A. Roving wiretaps
B. NSLs
C. All of these
D. Arrest warrant
36: Is citation no police custody of an individual who presents reliable identification and agrees to appear in court?
A. False
B. True
37: _____ is knowledge of a police officer working in a team is imputed to other officers on the team.
A. Collective knowledge theory
B. Brief
C. Indictment
D. All of these
38: _____ is defined as warrantless entry by the police into the home to provide assistance to an individual.
A. Emergency-aid doctrine
B. Encounters
C. A spouse
D. None of these
39: _____ is known as emergency circumstances justifying warrantless entry into the home.
A. Exigent circumstances
B. None of these
C. The Miranda test
D. The voluntary test
40: Is fleeing-felon rule common law doctrine that police may use deadly force to apprehend a suspected felon who is fleeing the police?
A. False
B. True
41: _____ is an informant may not be required to testify.
A. Final judgment rule
B. None of these
C. Interlocutory appeal
D. Informant privilege
42: _____ is defined as individual arrested for a misdemeanor.
A. Houses
B. All of these
C. Certiorari
D. Misdemeanant
43: _____ is known as police may not rely on exigent circumstances when the exigency was created or manufactured by the conduct of the police.
A. Police-created exigency doctrine
B. Deficient
C. All of these
D. Poor
44: Is probable cause facts and circumstances within officers’ knowledge, and of which they have reasonably trustworthy information, that would warrant a person of reasonable caution to believe that an offense has been or is being committed?
A. True
B. False
45: Is affiant an individual who swears to a warrant?
A. False
B. True
46: _____ is a sworn statement setting forth facts constituting probable cause that an individual has committed a criminal offense.
A. Affidavit
B. binding authority
C. All of these
D. Whether a particular photograph was sufficiently different in size, color, and the suspects appearing to influence the selection of the eyewitness
47: _____ is defined as an affidavit must detail the informant’s credibility and basis of knowledge.
A. None of these
B. Noncooperation
C. Education Level
D. Aguilar-Spinelli test
48: _____ is known as police custody of an individual based on probable cause that he or she committed a crime.
A. All of these
B. Arrest
C. Once the government has decided to prosecute the accused, he or she is in need of protection, advice, and assistance.
D. During the investigative stage, police should not be required to slow their investigation.
49: Is arrest warrant a judicial finding that there is probable cause to attack an individual?
A. True
B. False
50: _____ is notice to an individual to appear for trial at a later date.
A. Prejudice
B. All of these
C. Citation
D. Relevance
Probable Cause and Arrests MCQs (Criminal Procedure U.S.)
