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PRO 2024 > Chapter 11 > Flashcards

Chapter 11 Flashcards

1
Q

What amendment authorizes the principles of a search?

A

The Fourth Amendment

The Fourth Amendment protects citizens against unreasonable searches and seizures.

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2
Q

What must searches be based on according to the fundamental principles?

A

Probable Cause (PC)

Probable cause is a legal standard that requires a reasonable belief that a person has committed a crime.

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3
Q

What is the presumption regarding searches conducted without a warrant?

A

They are presumed to be unreasonable

This presumption can only be overcome by demonstrating that the search falls within a recognized exception.

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4
Q

What conditions must be met for searches to be subject to constitutional regulation?

A
  • There is state action (police or their agents)
  • The person has a reasonable expectation of privacy

These conditions ensure that the constitutional protections are applicable.

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5
Q

When do private citizens become agents of the state?

A

When they are directed, encouraged, or instigated by officers

This means that private individuals can sometimes be considered agents of law enforcement depending on their involvement.

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6
Q

What standard is a search governed by

A

Reasonableness, must be conducted in a reasonable manner

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7
Q

CL- American online company monitors email traffic with child porn and allowed police to examine the files because they work in partnership - state action?

A

No, they were not asked to do it

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8
Q

Nurse who disclosed to police that her patient told her he robbed a bank and gave her the gun used

A

Not an agent

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9
Q

CL- letters to daughter from murder suspect mom asks police if she should open it and they say it’s her decision she then tells them what it says

A

Police can’t encourage but don’t have to discourage them either

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10
Q

CL- inmate convinces defendant to write a letter about his rape case, confession is admitted and inmate is rewarded

A

Not an agent, not asked to do it

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11
Q

Medical personnel are not considered agents if the decision is based on ——— rather than helping the police

A

Treatment

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12
Q

Doctor removes bullet from suspects body and gives it to police

A

Not an agent, bullet had to come out

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13
Q

Hospital takes blood from suspect for OUI which proved intoxication

A

Not an agent, took blood for medical reasons

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14
Q

Are private security guards regulated by the 4th amendment

A

No

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15
Q

Student allows security to enter her room, security finds drugs then calls police, police ask for consent to enter and are granted

A

Good- if not given consent then bad

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16
Q

Are Public school officials governed by the 4th amendment and what are their searches based on? Do they need to get warrants?

A

Yes to some extent

Reasonable suspicion

No warrant ever

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17
Q

What does the 4th Amendment and Article 14 protect?

A

Citizens’ body, home, and possessions

These protections relate to reasonable expectations of privacy.

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18
Q

What are the three constitutional justifications to enter private areas?

A
  • Warrant
  • Consent
  • Exigent circumstances

These justifications are necessary for law enforcement to enter private areas without violating constitutional rights.

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19
Q

What is required to enter a non-private area?

A

Nothing

Law enforcement can enter non-private areas without a warrant, consent, or exigent circumstances.

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20
Q

What question should you ask yourself when entering a public area?

A

Am I entering an area or doing something that a member of the public might reasonably do?

This self-assessment helps determine if you are acting within legal boundaries.

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21
Q

If the answer to the public area question is ‘yes’, what is the implication?

A

You are good

This suggests that you are acting within your rights without needing further justification.

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22
Q

If the answer to the public area question is ‘no’, what must you obtain?

A

Warrant, consent, or exigency

This indicates the need for additional legal justification to proceed.

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23
Q

What standard should be used when assessing entry into a private area?

A

Common Sense standard

This standard helps guide reasonable expectations and actions in legal contexts.

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24
Q

What is the subjective expectation of privacy?

A

An individual’s belief that their privacy should be respected in a given context

It is one component in determining whether a search is reasonable.

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25
Q

What does it mean for an expectation of privacy to be objectively reasonable?

A

Society would accept the expectation of privacy as reasonable

This standard is used in legal contexts to assess privacy rights.

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26
Q

What is the general expectation of privacy regarding a person’s body?

A

Citizens always have an expectation of privacy in their bodies

This expectation is foundational to many legal protections against searches.

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27
Q

What is needed to conduct a search of a person’s body?

A

Probable cause (PC) to search or consent

This is a legal requirement for law enforcement to proceed with a search.

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28
Q

What standard is required for a frisk?

A

Reasonable suspicion (RS)

This is a lower standard than probable cause, allowing for a limited search for weapons.

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29
Q

Is viewing a person’s shoe sole considered a search?

A

No, viewing of a person’s shoe (sole) is not a search

This reflects legal principles concerning what constitutes a search.

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30
Q

Is it legally acceptable to ask a suspect to lift their foot to see the sole of their shoe?

A

Yes, asking a suspect to lift up their foot to see the sole of their shoe is considered good practice

This is an accepted procedure under certain circumstances.

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31
Q

What is the difference between clothing removed for treatment and clothing taken for safekeeping?

A

Clothing removed for treatment has no expectation of privacy; clothing taken for safekeeping has an expectation of privacy

Clothing for safekeeping may only be taken with warrant, consent, or exigent circumstances.

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32
Q

In areas of heightened security, such as airports and government buildings, what is the general expectation of privacy?

A

There is less privacy in areas of heightened security

This includes facilities like metal detectors and schools.

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33
Q

What is the expectation of privacy for prisoners and probationers?

A

Prisoners and probationers have a reduced expectation of privacy

Probationers can be searched based on reasonable suspicion.

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34
Q

What is required for a probation officer to search a probationer’s home?

A

A search warrant is needed based on reasonable suspicion unless there is an exception to the warrant requirement

Exceptions may include exigent circumstances.

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35
Q

Can a probationer maintain privacy over their cell phone?

A

Yes, a probationer maintains privacy in their cell phone unless there is a warrant based on reasonable suspicion or consent

This protects against unreasonable searches.

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36
Q

Under what conditions can a parole officer conduct a warrantless search of a parolee’s home?

A

A parole officer may conduct a warrantless search based on reasonable suspicion of a violation

This reflects the lower expectation of privacy for parolees.

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37
Q

What is the policy regarding pretrial detainee possessions, such as testing shoes for DNA?

A

No warrant is needed because there is no expectation of privacy based on a policy signed and agreed to by the detainee

This emphasizes the limited privacy rights of pretrial detainees.

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38
Q

What is required from every felon upon conviction?

A

Every felon must give DNA upon conviction

This is related to the establishment of DNA databases for tracking and identification purposes.

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39
Q

What is ‘the curtilage’ in relation to privacy?

A

The greatest protection extends to the home, known as ‘the curtilage’

The curtilage refers to the area immediately surrounding a home, which is afforded a higher expectation of privacy.

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40
Q

Are hotel and motel rooms considered dwellings?

A

Yes, hotel and motel rooms are considered dwellings

This classification impacts the rights of individuals regarding privacy and search warrants.

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41
Q

What happens to the right to privacy if a hotel guest is properly evicted?

A

They lose all right to privacy

Proper eviction procedures can negate a guest’s expectation of privacy in their rented space.

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42
Q

Fill in the blank: If a hotel guest violates the policy by smoking and bringing guests, and management goes to evict them, they must __________.

A

properly evict them

Proper eviction must follow hotel policies to ensure legal compliance.

43
Q

In a scenario where a guest is evicted for policy violations, what might management find if they enter the room?

A

Management might find evidence of illegal activities, such as drugs

In one example, police were called after management discovered marijuana and a gun in the room.

44
Q

True or False: A guest has the right to privacy even after violating hotel policies.

A

False

Once properly evicted, a guest forfeits their right to privacy in the hotel room.

45
Q

What happens to a guest’s expectation of privacy once evicted?

A

They lose all expectation of privacy

This implies that no advance notice is needed for eviction.

46
Q

Is a college dorm considered a dwelling?

A

Yes, a college dorm is a dwelling

This is a potential test question.

47
Q

What is considered curtilage?

A

Areas like fenced in backyard and side yard may be in curtilage

Curtilage refers to the area immediately surrounding a dwelling.

48
Q

In a legal context, what does ‘open fields’ refer to?

A

Anything not considered in the curtilage

Open fields do not have the same privacy protections as curtilage.

49
Q

Is a mailbox considered curtilage?

A

Yes, a mailbox is considered curtilage

This is relevant in legal cases involving search and seizure.

50
Q

What was the legal outcome when heroin and cocaine were found in a locked mailbox?

A

It was illegal to open the mailbox and find the drugs without warrant consent or exigency

This situation illustrates the legal implications of curtilage.

51
Q

Are common areas of a building considered open fields?

A

Yes, common areas of a building are open fields

This means they do not have the same privacy protections as individual units.

52
Q

Fill in the blank: A screened in porch that visitors usually go through to enter the house is considered an _______.

A

open field

This indicates that it does not have the same privacy protections.

53
Q

What legal principle applies when someone sees an individual stash a gun in a side yard?

A

No good, as it may not be considered a valid search

This highlights the limitations of search and seizure laws regarding curtilage.

54
Q

What is the legal significance of a defendant having no privacy expectation in the space above the ceiling of a common hallway?

A

The defendant has no reasonable expectation of privacy in that space.

55
Q

In the scenario where police use keys left at a rape scene to enter a large apartment building, what was the outcome of their actions?

A

The police made an arrest in the hallway, which was deemed lawful.

56
Q

True or False: The fact that police are arguably trespassing is significant in determining the legality of their actions in a multi-unit dwelling.

A

False

57
Q

Fill in the blank: The interior hallway and stairs in the 3 apartment building with a buzzer system were considered _______.

A

private

58
Q

What is the significance of a person selling drugs and placing them in the siding of a house?

A

Police recovering the drugs is considered GOOD.

59
Q

Is a driveway or walkway considered part of the curtilage if a visitor would walk there to enter the house?

A

No, it is NOT in curtilage.

60
Q

Did the police have a valid reason to enter the suspect’s private driveway to investigate when they saw evidence of the murder in the vehicle

A

Yes, it was GOOD not in the curtilage

61
Q

In the case of investigating a stolen motorcycle, what did the officer see?

A

A motorcycle under a tarp in the rear of the driveway.

62
Q

Was it permissible for the officer to remove the tarp to check the VIN of the motorcycle?

A

No, it was NO GOOD as he could not go into the enclosure.

63
Q

What is the expectation of privacy regarding conversations in common areas?

A

People have no expectation of privacy when police hear a conversation with an unaided ear in a common area.

64
Q

Was entering an adjacent motel room considered lawful or unlawful?

A

GOOD

65
Q

Was entering the crawl space under a defendant’s apartment considered lawful or unlawful?

A

NO GOOD

66
Q

Can police insist that a person open the door when they knock?

A

No, police may knock as long as they do not insist that the person open the door.

67
Q

What was the ruling on placing an arrested drug dealer in front of a peephole and entering after a door was opened?

A

GOOD (exigency)

68
Q

When should knock and talks occur?

A

During normal business hours.

69
Q

Is a knock and talk at 4 am considered lawful?

A

NO GOOD (need a warrant or exigency to talk at this point)

70
Q

Is shining a flashlight into a house considered lawful or unlawful?

A

GOOD

71
Q

Is using binoculars to look into a house considered lawful or unlawful?

A

NO GOOD

72
Q

What is the ruling on flying at a reasonable altitude consistent with FAA regulations?

A

GOOD

73
Q

Was seeing a marijuana crop from 700 ft considered lawful or unlawful?

A

GOOD

74
Q

What is required for a key in a locked door to be considered reasonable suspicion?

A

REASONABLE SUSPICION

75
Q

What is the legal status of a K-9 sniff on the front porch?

A

It is considered an intrusive measure and therefore not permissible.

This reflects the legal principle regarding reasonable suspicion and the expectation of privacy in curtilage.

76
Q

Is thermal imaging used inside a home permissible?

A

No, it is not permissible.

Thermal imaging is considered a form of technological intrusion that violates privacy rights.

77
Q

What is the legal status of tracking internet usage for child pornography?

A

It is permissible to track internet usage both inside and outside the home.

This indicates a legal boundary where the investigation of child pornography is prioritized over privacy concerns.

78
Q

What is the ruling on using pole cameras over someone’s house?

A

Using pole cameras for a period of months is not permissible, even if the cameras are placed on a public street.

This emphasizes the limitations on surveillance methods to protect individual privacy.

79
Q

True or False: Consent from a commander allows for K-9 sniffs in sleeping quarters of firefighters.

A

True

Consent from an authority figure can justify certain intrusions in specific contexts.

80
Q

What are the considerations for pole cameras?

A

Duration and details captured

81
Q

Are private areas in businesses protected?

A

Yes, employees only areas are protected

82
Q

True or False: An officer observing illegal activity in a urinal area is permissible.

A

True

83
Q

What is the legal status of observing activity in a bathroom stall?

A

No good

84
Q

Do private clubs have the same privacy restrictions as public areas?

A

Yes, members only areas enjoy an expectation of privacy

85
Q

What was observed in the ICU room regarding police presence?

A

Notes left on a table were in plain view

86
Q

What constitutes abandoned property?

A

Property is abandoned when a person voluntarily gives up control and expectation of privacy

87
Q

What is the significance of the location in determining abandonment?

A

The dominant factor in abandonment is the place where the property is found and the relationship to that place.

This principle highlights that the context and location of the property play a crucial role in legal interpretations of abandonment.

88
Q

True or False: A suspect’s jacket being pulled off during a chase is considered abandonment.

A

False

The case indicates that the act of losing a jacket while being pursued does not equate to abandonment.

89
Q

In a scenario where a suspect throws a cigarette in the trash, why is it considered good evidence?

A

Giving a suspect a cigarette and retrieving the DNA when they discard it is a valid method to collect evidence.

This illustrates a legal tactic where evidence is obtained without infringing on the suspect’s rights.

90
Q

Fill in the blank: The police searching a black suitcase at a house where the owner denies it belongs to them is considered _______.

A

[not good]

The police cannot assume ownership or abandonment based solely on a denial without further evidence.

91
Q

What was the outcome for the suitcase denied by the owner in a truck?

A

It was considered not good for searching.

The denial of ownership does not imply abandonment, affecting the legality of the search.

92
Q

What is the definition of abandoned property in legal terms?

A

Abandoned property refers to items that the owner has intentionally relinquished all rights, title, and interest in.

93
Q

Is placing a grocery bag on the roof of your car considered abandoned?

A

No, it is not considered abandoned.

94
Q

Is leaving a backpack behind a shed in a yard you don’t own considered abandoned?

A

Yes, it is considered abandoned.

95
Q

What was significant about the defendant leaving a jacket and drug paraphernalia in a hotel room?

A

It was deemed abandoned because he registered at another hotel, removed personal items, and traveled far away.

96
Q

What indicates involuntary departure in relation to abandoned property?

A

Involuntary departure occurs when a person leaves items behind due to circumstances like arrest, which can lead to those items being classified as abandoned.

CL- arrested for robbery from hotel, police are called a day later to get left over items - good

97
Q

True or False: Once trash is accessible to the public, you have no expectation of privacy.

A

True.

98
Q

Fill in the blank: Privacy in trash is protected against a house, not for _______.

A

public.

99
Q

What was the legal status of a locked dumpster used by only one business?

A

It had an expectation of privacy.

100
Q

What does retaining a receipt imply about an item?

A

If a person retains a receipt, you can’t say the item is abandoned.

This principle applies to various contexts, including personal property and legal situations.

101
Q

What is the implication of having a receipt for luggage left at the airport?

A

If a person has a receipt for luggage left at the airport, it is not considered abandoned.

This suggests that ownership and responsibility for the item are still retained by the individual.

102
Q

What are the methods of police field search and entries regarding a person?

A

Frisk, Consent, SIA ,Community Caretaking.

These methods outline the legal grounds under which police may search or question an individual.

103
Q

What are the methods of police field search and entries regarding a vehicle?

A

Frisk, Consent, MV (Motor Vehicle) Exception, Inventory.

These methods detail the legal approaches for searching vehicles in police encounters.

104
Q

Police search and entry reasons for home

A

Consent
Emergency aid
Exigency
Warrant (arrest or search)

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