4th Amendment

Question 1

4th Amendment

Answer 1

The 4th amendment provides freedom from unreasonable governmental searches and seizures.

Question 2

4th Amendment/Search

Answer 2

A search is governmental intrusion into an area where a person has a reasonable expectation of privacy.

Question 3

Reasonable Expectation of Privacy/No

Answer 3

There is no reasonable expectation of privacy for things held out to the public, things viewable from fly-overs with the naked eye (police may also take aerial photographs), handwriting, voice, smell, vehicle identification numbers, location, open fields outside the curtilage, (outside the dwellings and outbuildings, even if fenced in), or garbage placed outside.

Question 4

Reasonable Expectation of Privacy/Passenger

Answer 4

A passenger in someone else’s car has no automatic reasonable expectation of privacy.

Question 5

Reasonable Expectation of Privacy/Yes

Answer 5

Reasonable expectation of privacy always exists if a person either owns, has a right to possess, or lives in the premises or object to be searched (or is an overnight guest).

Question 6

Reasonable Expectation of Privacy/Complain

Answer 6

A person generally have no standing to complain about a warrantless search in another’s home unless own the home, have the right to possess the home, or is an overnight guest of the home.

Question 7

Arrest/Define

Answer 7

An arrest includes a seizure or stop where a reasonable person believes he is not free to leave.

Question 8

Arrest/Must(1 +1)

Answer 8

An arrest must be based on probable cause. A warrant is not required.

Question 9

Probable Cause

Answer 9

Probable cause there is sufficient trustworthy facts to warrant a reasonable prudent person to believe a crime has been committed or is being committed.