4th Amendment

Question 1

Elements of a Warrant

Answer 1

1. Probable Cause;
2. Oath or Affirmation;
3. Neutral and Detached Magistrate;
4. Particularly describing person or things

Question 2

Threshold Questions

Answer 2

1. Search or Seizure?
2. Standing?
3. State Action?
4. Consent?

Question 3

There is a seizure of a person when:

Answer 3

When the officer,

1. by means of force or show of authority,
2. restrains freedom of movement.
3. There must be actual submission.

Question 4

A Search occurs when

Answer 4

1. Reasonable Expectation of Privacy is violated. (Katz)

2. Physical Intrusion on Private Property (Jones)

Question 5

Factors to determine if Curtilage is protected

Answer 5

1. Proximity to the home;
2. Included in an enclosure;
3. Nature of the use of the area;
4. Steps to protect the area from observation

Question 6

Fruit of the Poisonous Tree Exceptions

Answer 6

1. Inevitable Discovery;
2. Independent Source Doctrine;
3. Attenuation principle;
4. Good-faith reliance on false warrant

Question 7

Fruit of the Poisonous Tree Exceptions

Answer 7

1. Inevitable Discovery;
2. Independent Source Doctrine;
3. Attenuation principle;
4. Good-faith reliance on false warrant

Question 8

Reasonable Suspicion is. . .

Answer 8

More than an unparticularized suspicion or a hunch of criminal activity

Question 9

A Terry detention can last as long as . . .

Answer 9

Police diligently pursue a method of investigation that will confirm or dispel the guilt of the suspect and the detention of the suspect is necessary for.

Question 10

A Terry frisk is permissible so long as . . .

Answer 10

There are facts that justify officer’s belief that suspect was armed and dangerous.

Question 11

Can Terry Frisk a car . . .

Answer 11

Limited to areas the suspect could readily access a weapon, and there is a reasonable belief that the suspect is dangerous and may access the weapon.

Question 12

Probable Cause requires . . .

Answer 12

Under the “totality of the circumstances” the a reasonable person would believe that an offense has been or is being committed.

Question 13

Can Terry Frisk a car . . .

Answer 13

1. Limited to areas the suspect could readily access a weapon, and
2. there is a reasonable belief that the suspect is dangerous and may access the weapon.

Question 14

Probable Cause requires . . .

Answer 14

Under the “totality of the circumstances” the a reasonable person would believe that an offense has been or is being committed.

Question 15

A Search incident to lawful arrest when suspect is in vehicle requires:

Answer 15

1. Belief that vehicle contains evidence relating to offense of arrest (Gant)
2. Limited to passenger compartment and containers

Question 16

Vehicle Search Exception:

Answer 16

1. P.C. to believe seizable evidence

2. Anywhere the seizable evidence may be found, including containers and trunk