Reasonable Suspicion
1. An officer sees a person repeatedly looking into closed store windows at 2:00 AM and checking the door handles. Does the officer likely have reasonable suspicion to briefly stop the person?
Answer: Yes. The officer can point to specific facts suggesting the person may be preparing to commit a crime.
What is probable cause?
Answer: Facts and circumstances that would lead a reasonable person to believe a crime occurred, is occurring, or that evidence of a crime will be found.
What does "totality of the circumstances" mean?
Answer: Looking at all the facts together instead of examining each fact separately.
What are the "elements" of a crime?
Answer: The specific things the government must prove to establish that a defendant committed that particular crime.
What two things generally must exist before Miranda warnings are required?
Answer: Custody + interrogation.
An officer stops someone simply because they are wearing a hoodie in a high-crime neighborhood. Is that enough for reasonable suspicion?
Answer: No. A hunch or general circumstances alone are not enough. The officer needs specific, articulable facts.
Police smell a strong odor of marijuana coming from a vehicle. Does that automatically establish probable cause to search the vehicle in every state?
Answer: No. Marijuana laws vary, so the odor may be considered as part of the circumstances but does not necessarily establish probable cause by itself.
An officer sees someone standing outside a closed business at midnight. By itself, is that necessarily suspicious enough for a stop?
Answer: No. That fact alone may be innocent. Other circumstances would need to be considered.
If a crime has four required elements and the prosecution proves only three, can the defendant properly be convicted of that crime?
Answer: No. The prosecution must prove every required element beyond a reasonable doubt.
A person is arrested, but police do not ask them any questions. Are Miranda warnings automatically required simply because the person was arrested?
Answer: No. Miranda generally becomes an issue when there is both custody and interrogation.
What does reasonable suspicion allow an officer to do?
Answer: Briefly detain someone to investigate. Reasonable suspicion can justify a temporary investigative stop.
An officer sees a suspect break a store window, climb inside, and come back out carrying merchandise. Is there probable cause to arrest?
Answer: Yes. The officer personally observed facts strongly indicating that a crime occurred.
The same person is outside the closed business at midnight, wearing gloves, repeatedly checking the door, looking around, and hiding when cars pass. Why does this matter?
Answer: The facts become more significant when considered together.
A burglary statute requires entering a building without authorization with the intent to commit a crime inside. A person accidentally walks into the wrong house but immediately leaves. What element may be missing?
Answer: Intent to commit a crime inside.
An officer approaches someone on the sidewalk and asks, "Did you see what happened?" The person is free to leave. Are Miranda warnings generally required?
Answer: No. The person is generally not in custody.
Which requires less evidence: reasonable suspicion or probable cause?
Answer: Reasonable suspicion. Probable cause is the higher standard.
Which requires more evidence: reasonable suspicion or probable cause?
Answer: Probable cause.
Can several facts that appear innocent individually become suspicious when combined?
Answer: Yes. That is an important part of the totality-of-the-circumstances analysis.
Why is it important for investigators to know the elements of the crime they are investigating?
Answer: The elements tell investigators what facts and evidence they need to establish.
A suspect is handcuffed in an interrogation room and detectives begin questioning them about a robbery. Are Miranda warnings generally required before the questioning?
Answer: Yes. This involves both custody and interrogation.
An officer sees a car swerving repeatedly across lane lines. Does the officer likely have reasonable suspicion for a traffic stop?
Answer: Yes. The observed driving provides specific facts suggesting a traffic violation or impaired driving.
Police receive a detailed tip that someone is selling drugs. Officers independently verify several important details from the tip. Could this help establish probable cause?
Answer: Yes. A reliable or corroborated tip can contribute to probable cause.
Why shouldn't officers focus on only one fact when determining reasonable suspicion or probable cause?
Answer: Because courts generally evaluate the overall situation and context.
Who generally has the burden of proving the elements of a crime at a criminal trial?
Answer: The prosecution.
Name the basic rights included in a Miranda warning.
Answer: The right to remain silent; anything said can be used against the person in court; the right to an attorney; and the right to have an attorney appointed if the person cannot afford one.