Civil Service Supervisor Practice Exam

Under the Fourth Amendment, what is generally required before police can make an arrest?

1. Reasonable suspicion

2. Probable cause

3. A warrant

4. Agreement from the suspect

The correct answer is: Probable cause

The requirement of probable cause under the Fourth Amendment is crucial because it ensures that a law enforcement officer has enough factual evidence to believe that a crime has been committed and that the person to be arrested is likely the perpetrator. This standard is set to protect citizens from arbitrary arrests and ensure that law enforcement actions are based on objective criteria rather than mere speculation or hunches. Probable cause is based on the totality of circumstances, where facts and circumstances within the officer's knowledge, and of which they had reasonably trustworthy information, are sufficient to warrant a reasonable person to believe that a crime has been committed. This higher standard distinguishes it from reasonable suspicion, which is a lower threshold that allows police to stop and briefly detain a person for investigatory purposes but does not allow for arrest without the requisite probable cause. While a warrant may be required in many situations, particularly for searches and some arrests, it is not an absolute prerequisite in all arrest scenarios. Police can arrest individuals without a warrant if they have probable cause to believe that a crime is being or has been committed. Lastly, agreement from the suspect is not a legal requirement for an arrest to happen; law enforcement does not need the consent of the person they intend to arrest, as long as probable