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35. Assuming that no exception to the warrant requirement is relevant, weaker evidence is more likely to justify the issuance of a warrant than it is tojustify a warrantless search or arrest.a.Trueb.FalseANSWER: TrueREFERENCES: Probable CauseLEARNING OBJECTIVES: CPCJ.FERD.16.3.1KEYWORDS: Bloom’s: Understa36. When an officer’s experience and expertise is relevant to the probable cause determination, the officer must be able to explain sufficiently the basis of that opinion so that it “can be understood by the average reasonably prudent person.”
REFERENCES: Probable CauseLEARNING OBJECTIVES: CPCJ.FERD.16.3.2KEYWORDS: Bloom’s: Remem37. The decision in Illinois v. Gates(1983) completely overruled the Aguilar-Spinellicriteria for establishing probable cause based on informant information .ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: 38. Ordinary citizen informants, even when the tip is given anonymously, are always presumed credible (trustworthy) and no further evidence of credibility need be stated in the affidavit beyond their name and address and their status as a victim of, or witness to, a crime.
ANSWER: REFERENCES: LEARNING OBJECTIVES: KEYWORDS: 39. A criminal informant’s credibility (veracity/truthfulness) must always be established by a statement of underlying facts and circumstances.a.Trueb.FalseANSWER: TrueREFERENCES: Probable CauseLEARNING OBJECTIVES: CPCJ.FERD.16.3.5KEYWORDS: Bloom’s: Understa40. Other Fourth Amendment considerations, such as warrants, reasonableness, exigency, and good faith, are factors that are considered subservient to probable cause.
REFERENCES: ReasonablenessLEARNING OBJECTIVES: CPCJ.FERD.16.3.7KEYWORDS: Bloom’s: Understa41. In terms of applying the privacy right that exists under the Fourth Amendment, the amendment is said to protect __________, not __________.REFERENCES: Property and Privacy Inquiries for Criminal Searches and SeizuresLEARNING OBJECTIVES: CPCJ.FERD.16.3.1KEYWORDS: Bloom’s: Understand42. A seizure of property occurs when there is some __________ with an individual’s possessory interests in that property.REFERENCES: Property and Privacy Inquiries for Criminal Searches and SeizuresLEARNING OBJECTIVES: CPCJ.FERD.16.3.2KEYWORDS: Bloom’s: Remember43. Probable cause to search means that there is a __________ probability that contraband or evidence of a crime will be found in a particular place.
REFERENCES: Property and Privacy Inquiries for Criminal Searches and SeizuresLEARNING OBJECTIVES: CPCJ.FERD.16.3.2KEYWORDS: Bloom’s: Remember44. Probable cause is evaluated by examining the __________ of the police at the time of the arrest or search, not merely the personal knowledge of the arresting or searching officer.REFERENCES: Probable CauseLEARNING OBJECTIVES: CPCJ.FERD.16.3.4KEYWORDS: Bloom’s: Analyze45. The Gates v. Illinois(1983) decision abandoned rigid adherence to the Aguilar-Spinellicriteria in favor of a __________ approach to determiningprobable cause.