chapter 3

Question 1

fourth amendment

Answer 1

-reflects one of the primary grievances early American colonists had toward the crown
-protects persons, houses, papers, and effects from unreasonable searches and seizures

Question 2

persons

Answer 2

encompasses the individual as a whole(internally/externally)

Question 3

houses

Answer 3

any structure that a person uses as a residence on either a temporary or long-term basis

Question 4

papers

Answer 4

business records, letters, diaries, memos, other forms of tangible evidence

Question 5

effects

Answer 5

anything that is not a person, house, or paper

Question 6

reasonableness

Answer 6

unreasonable search and seizure

Question 7

elements of a fourth amendment search

Answer 7

-government action
-infringement on a persons reasonable expectation of privacy

Question 8

search

Answer 8

an activity geared toward finding evidence to be used in criminal prosecution

Question 9

abandoned property

Answer 9

no warrant

Question 10

open field and curtilage

Answer 10

warrant unless plain view

Question 11

tracking devices

Answer 11

warrant needed

Question 12

sensory enhancement

Answer 12

warrant if super invasive

Question 13

curtilage

Answer 13

area immediately surrounding a home

Question 14

seizure

Answer 14

-dual meaning
-property(US v Jacobson)
-people(person restrained through force or show of authority, reasonableness)

Question 15

justification

Answer 15

police need to have justification or cause before they can conduct a search or seizure

Question 16

probable cause

Answer 16

-Beck v Ohio
-50% certainty
-always required in arrests with/without warrants and searches and seizures of property with/without warrants

Question 17

ingredients in probably cause

Answer 17

-prior record
-flight from the scene
-suspicious conduct
-admissions
-incriminating evidence
-unusual hour
-suspect resembles perp
-evasive and untruthful responses to questions
-obvious attempt to hide something
-presence in a high crime area and/or near a crime scene
-furitive gestures
-knowing too much

Question 18

use of informants

Answer 18

-Illinois v Gates(totality of circumstances test)
-used for determining probable cause based on information from informants in both the arrest and search and seizure

Question 19

totality of circumstances test

Answer 19

-when the informant describes how they found out about criminal activity
-when the informant gives a detailed description of the activity
-when evidence for reliability exists
-when the informant predicts criminal activity that is later corroborated by police
-when the informant implicates themselves in criminal activity

Question 20

reasonable suspicion

Answer 20

-Terry v Ohio
-below probable cause, but above a hunch

Question 21

administrative justification

Answer 21

-government entities occasionally conduct searches in circumstances other than criminal investigations
-noncriminal search
-weighs the privacy interest of individuals with the interests of society in preserving public safety