Probable Cause vs Reasonable Suspicion Quiz

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Questions and Answers

According to the Fourth Amendment, which of the following is required for a warrant to be issued?

Physical force
An arrest
Submission to authority
Probable cause (correct)

What is the relationship between an arrest and a seizure according to the United States Supreme Court?

They are equivalent (correct)
They are unrelated
A seizure is a form of arrest
An arrest is a form of seizure

How does the Texas Constitution differ from the Fourth Amendment regarding protection against unreasonable arrests, searches, and seizures?

It only protects against unreasonable searches
It provides less protection
It provides the same level of protection
It may provide greater protection (correct)

What type of police-citizen encounters require no constitutional justification?

Mere inquiries (C) Signup and view all the answers

What is the objective of the 'reasonable person' test?

To determine in advance whether police conduct will implicate the Fourth Amendment (A) Signup and view all the answers

What does the text state about an encounter where a police officer identifies themselves as such?

It is considered a mere inquiry (A) Signup and view all the answers

Under what circumstances will a law enforcement officer's subjective view transform an encounter into a full blown arrest?

If the officer conveys to the person confronted that they are not free to leave (C) Signup and view all the answers

What standard is used by the courts to determine whether a particular police-citizen encounter requires a certain level of constitutional justification?

The reasonable person test (B) Signup and view all the answers

What is the foundational source for the applicable rules, procedures and analyses for arrests, searches and seizures effected by Texas law enforcement officers?

The Fourth Amendment (B) Signup and view all the answers

Which of the following best describes the justification for an arrest, whether with or without a warrant?

Probable cause (D) Signup and view all the answers

What are the important interests served by an arrest based on probable cause?

Preventing the suspect from continuing their offense (B) Signup and view all the answers

What is the difference between probable cause and preponderance of evidence?

Preponderance of evidence is a more-likely-than-not standard (C) Signup and view all the answers

Under Texas law, when is a person considered formally arrested?

When they are taken into custody by an officer executing a warrant (D) Signup and view all the answers

What is the difference between an actual arrest and a constructive arrest?

An actual arrest involves the use of physical force, while a constructive arrest does not (D) Signup and view all the answers

What is the purpose of an arrest?

To prevent a person from committing a crime (B) Signup and view all the answers

What is the threshold for establishing probable cause?

Reasonable suspicion (B) Signup and view all the answers

What is the officer's role in building probable cause?

To corroborate and strengthen the seasoned stimuli (B) Signup and view all the answers

What is the degree of belief required for a court to conclude that probable cause exists?

Virtually the same for an arrest or a search (B) Signup and view all the answers

Which of the following factors are considered by the courts to determine if a police-citizen encounter has elevated into a Fourth Amendment arrest?

The number of law enforcement officers present and their demeanor (B) Signup and view all the answers

When can a law enforcement officer effect a warrantless arrest?

When the officer has probable cause to believe that a crime has been or is being committed and that the person to be arrested has committed or is committing it (B) Signup and view all the answers

From whose perspective are the circumstances of a police-citizen encounter viewed when determining if official action was constitutionally justified?

The perspective of a prudent and reasonable law enforcement officer on the scene at the time of the encounter (B) Signup and view all the answers

What is the focus of the court's attention when determining if the police possessed the requisite degree of belief prior to engaging in a challenged procedure?

The quantum or sufficiency of objective facts and circumstances surrounding the police procedure (A) Signup and view all the answers

What is the probable cause standard used for?

To determine if a police officer can conduct a search or make an arrest (D) Signup and view all the answers

When can the police conduct a full body search without a warrant?

When the suspect is believed to be in possession of illegal drugs (A) Signup and view all the answers

What is the difference between probable cause to arrest and probable cause to search?

Probable cause to search requires a higher standard of evidence than probable cause to arrest (D) Signup and view all the answers

How will probable cause be assessed?

By everyday commonsensical probabilities upon which ordinary, reasonable people act (B) Signup and view all the answers

What is the role of the court in determining if the police possessed the requisite degree of belief prior to engaging in a challenged procedure?

To determine if the police possessed the requisite degree of belief based on objective facts and circumstances (C) Signup and view all the answers

What is the probable cause standard used for in relation to a search?

To determine if the police can conduct a search (B) Signup and view all the answers

When can the police arrest a person without a warrant?

When the suspect is believed to be involved in a felony (C) Signup and view all the answers

What is the difference between a full body search and a search of property?

A search of property requires a warrant, while a full body search does not (A) Signup and view all the answers

Study Notes

Understanding Arrests and the Fourth Amendment

An arrest is a physical interference resulting in apprehension and custodial detention, usually to prevent a person from committing a crime or to hold them accountable for an alleged crime.
In Texas, a person is formally arrested when placed under restraint or taken into custody by an officer or person executing a warrant.
An arrest can be actual, where physical force is intentionally employed, or constructive, where authority and intention to arrest is implied by circumstances.
An arrest must be effectuated according to the Fourth Amendment to the United States Constitution, which provides protection against unreasonable searches and seizures.
The Fourth Amendment speaks equally to both searches and seizures, and an arrest is quintessentially a seizure.
The Texas Constitution provides similar protections against unreasonable arrests, searches, and seizures, and may afford greater protection than the Fourth Amendment.
Courts apply an objective standard to determine whether an arrest has taken place, focusing on the reasonable impression conveyed to the person detained.
The determination of whether a police-citizen encounter requires constitutional justification proceeds by reference to the totality of the circumstances, and the whole picture.
Many police-citizen encounters do not require constitutional justification, and law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street and asking questions.
Courts consider factors such as the consensual nature of the encounter, the basis for the encounter, the duration of the encounter, and whether the individual is free to leave, in determining whether a police-citizen encounter has elevated into a Fourth Amendment arrest.
The United States Supreme Court evaluates alleged violations of the law of arrest by undertaking an objective assessment of an officer's actions in light of the facts and circumstances then known to him.
The objective standard uniformly applied by the courts utilizes a reasonable person test to determine whether a particular police-citizen encounter requires a certain level of constitutional justification.

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Test your knowledge on the legal concept of probable cause and its relation to reasonable suspicion in criminal investigations.