JURI 575 Quiz Probable Cause
JURI 575 Quiz Probable Cause and the Warrantless Searches
- The validity of a warrant is determined based on whether, at the time it was issued, there was probable cause to issue the warrant.
- Police officers must always knock and announce their presence when executing a search warrant.
- An anonymous letter must satisfy two independent requirements, the “basis of knowledge” and “veracity or reliability” requirements, before it can be relied on.
- Even if an officer has an ulterior motive for conducting a traffic stop, the stop is not unconstitutional so long as he also has probable cause to believe that the motorist violated traffic laws.
- An officer may arrest a suspect without a warrant if he has probable cause to do so.
- After a warrant is issued, it may be invalidated if later discovered evidence shows that the warrant was unnecessarily broad.
- Officers Shang and Kyle went to execute a search warrant at a known drug dealer’s house. The search warrant allowed them to search the entire house. They also had a warrant for the drug dealer’s arrest. They got a tip that the drug dealer owned at least one [rearm, but he usually kept the [rearm in his car. They decided to go to the drug dealer’s home during the daytime because they did not want to arrest him after his children came home from school. Officer Shang, dressed in plain clothes, knocked on the door and said “hey there! It’s your neighbor, Sam, from down the street.” The drug dealer replied “go away, Sam! I told you I do not want any of your daughter’s girl scout cookies!” After confirming that the drug dealer was inside, Officer Shang broke down the door and entered the home. When he barged in, the drug dealer looked shocked. Based on the above-mentioned facts, select the best answer:
- Officer Kenobi received an anonymous tip that a man named Darth Maul was selling drugs out of his home. The tip said that Darth Maul’s address was 342 Sith Lane, and that in 3 days someone will come to the home to make a large purchase, and that the person would be carrying a large briefcase. Officer Kenobi verified that Darth Maul’s address was 342 Sith Lane. Officer Kenobi signed an affidavit setting forth the fact that he verified Darth Maul’s address together with a copy of the anonymous tip. He then went to the magistrate to get a search warrant for 342 Sith Lane. The magistrate should:
- A search warrant issued based on an anonymous tip will not be valid unless:
- Officer Sparrow conducted a three-month long investigation monitoring drug activity in Caribbean County. During the investigation he observed a suspect named Hector Barbosa sell drugs to approximately twelve individuals. In each instance Officer Sparrow was able to positively identify the drugs because he was undercover in plain clothes observing the transactions. After watching these transactions, he sought a warrant for Barbosa’s arrest. In support of the warrant, he presented a sworn statement that “he has cause to suspect and believe that Barbosa was selling drugs.” The affidavit contained no other detail. The magistrate should:
- In Richards v. Wisconsin, the court held that the officer’s search was:
- In Maryland v. Garrison, the Supreme Court held that:
- Police officers must knock and announce their presence under all the following circumstances except:
- Officer James was patrolling downtown Lynchburg when he noticed a suspicious looking vehicle. He pulled up next to the vehicle and saw the driver of the vehicle reach over and hand something to the passenger. He thought it might be drugs, so he started to follow the vehicle. After following the vehicle for several blocks, the vehicle ran through a stop sign. Officer James activated his lights and sirens and the vehicle pulled over. When he walked up to the vehicle, he observed that the passenger of the vehicle was holding a bag of crack cocaine. The defense attorney has [led a motion to suppress arguing that the officer’s stop was not valid because the stop was pretextual. The defense attorney:
- In 100-200 words, explain why the court in Maryland v. Garrison found that the warrant was valid.
- In 100-200 words, describe the purpose behind requiring a warrant to “particularly describe the place to be searched and the persons or things to be seized.”
- In 100-200 words, describe how a court determines whether there is “probable cause” to issue a warrant based on an anonymous tip as discussed in Illinois v. Gates.