05 Oct btaining a warran
1. What is the U.S. Supreme Court’s definition of probable cause? For practical purposes, when does probable cause exist?
2. The Court says that probable cause is to be determined using the standard of an “objectively reasonable police officer.” What does this mean? Give your own example of an incident where an “objectively reasonable police officer” would have concluded that he or she had probable cause to make an arrest.
3. What are the advantages of obtaining a warrant in an arrest and in search and seizure cases?
4. How has the case of Illinois v. Gates changed the interpretation of the two-pronged test established earlier in Aguilar v. Texas?
1. What is the exclusionary rule? Does it apply only to violations of Fourth Amendment rights or also to violations of any constitutional right in the Bill of Rights (the first ten amendments to the Constitution)?
2. The purpose of the exclusionary rule is to deter police misconduct. Critics, however, say the exclusionary rule has failed to achieve that purpose. Do you agree? Why?
3. Is the exclusionary rule a constitutional or a judge-made rule? Can it be modified by the U.S. Congress through legislation?
4. What is the silver platter doctrine? Is it in use today?
On May 17, 2015, a shootout between rival biker gangs occurred at Twin Peaks in Waco, Texas. At least 177 bikers were arrested that day and charged with Engaging in Organized Criminal Activity.
9 dead, dozens injured in biker gang shooting at local restaurant
Organized crime charges filed against 170 motorcycle gang members after Texas shootout
Waco Biker Brawl: Man Charged After Deadly Shooting Calls Arrests ‘a Sham”
Probable cause is determined by facts and circumstances which would cause a reasonable person to believe a crime has been committed and that a particular person committed that crime.
1. Based on the interview with the couple in the story above, do you believe probable existed for their arrest?
2. Can a person be arrested just for being a member of a criminal gang? Is membership in a criminal gang alone probable cause for an arrest?
3. Is presence at a crime scene alone probable cause for an arrest?
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