Chapter 4 pt.1

Question 1

Most courts have ruled that drug dog sniffs ______ violate the fourth amendment, but their use is restricted if the police do not have justification and if they are on or close to private property.

Answer 1

do not

Question 2

1. the nature of the activity they are designed to uncover
2. the care taken to ensure privacy
   These things are considered when deciding if the use of __________ enhancement devices constitutes a search.

Answer 2

sensory

Question 3

What has a dual meaning?

Answer 3

Seizure

Question 4

The fruits of the search are seized.

Seizure of persons.

Answer 4

Two types of seizures

Question 5

What is the most common form of a seizure?

Answer 5

Arrest

Question 6

Investigative stops, while not considered arrests, fall within the meaning of what?

Answer 6

Seizure

Question 7

A person has _______ possession of a piece of property if the person is physically holding or grasping the property.

Answer 7

actual

Question 8

_______ possession is possession of property without physical contact.

Answer 8

Constructive

Question 9

A piece of property is seized within the meaning of the Fourth Amendment if the police remove it from a person’s actual or constructive possession, for example, if the police take a person’s luggage at an airport and move it into another room to be searched.

Answer 9

FACTS

Question 10

The ______ of a person occurs when a police officer, by means of physical force or show of authority restrains an individuals liberty in such a manner that a reasonable person would believe that he or she is not free to leave.

Answer 10

Seizure

Question 11

Does a seizure have to be physical for the fourth amendment to be implicated?

Answer 11

NO

Question 12

What Supreme Court case states that “Not all personal intercourse between policeman and citizens involves ‘seizures’ of persons” , but a seizure does occur when the officer’s conduct in conjunction with the questioning would convince a reasonable person that he or she is not free to leave?

Answer 12

Terry v. Ohio

Question 13

What Supreme Court case noted that when an officer chases a person, but does not lay hands on the suspect, a seizure does not occur until the point at which the suspect submits to police authority?

Answer 13

California v. Hodari D. 1991

Question 14

The only justification mentioned in the fourth amendment is what?

Answer 14

probable cause

Question 15

Three levels of justification in order from lowest to highest:
1.
2.
3.

Answer 15

1. Probable Cause
2. Reasonable Suspicion
3. administrative justification

Question 16

What means the same thing, regardless of the type of conduct the police engage in?

Answer 16

probable cause

Question 17

What is defined in terms of objective reasonableness, what the average “person on the street” would believe, not what a person who has received special training would believe?

Answer 17

Prudent Man

Question 18

Probable Cause exists when an officer has more than ____ certainty of guilt (for an arrest) or more than _____ certainty that the evidence will be found (for a search)

Answer 18

50%

Question 19

___________ lies somewhere below absolute certainty and proof beyond a reasonable doubt and somewhere above a hunch or reasonable suspicion.

Answer 19

Probable Cause

Question 20

1. Arrests with warrants
2. Arrests without warrants
3. searches and seizures of property with warrants
4. searches and seizures of property without warrants
   What is required in all situations?

Answer 20

Probable cause

Question 21

Who is someone who calls the police or contacts them and supplies them with information about a crime?

Answer 21

informant

Question 22

What are the three varieties of informants?

Answer 22

1. anonymous
2. Confidentail
3. “Known”

Question 23

What Supreme Court case developed a two-pronged test that required police officers who apply for warrants based on information supplied to show: 1./ information to demonstrate how the informant knows what she/he knows and 2./ information to establish the credibility and reliability of the informant?

Answer 23

Aguilar v. Texas

Question 24

What landmark case modified the Aguilar test?

Answer 24

Illinois v. Gates

Question 25

What was the Aguilar test replaced with?

Answer 25

Tonality of circumstances

Question 26

When a police officer pulls a motorist over for a traffic violation, probable cause is or is not required?

Answer 26

is not required

Question 27

What established the standard of justification commonly known as “reasonable suspicion”?

Answer 27

Terry v. Ohio 1986

Question 28

____________ falls somewhere below probable cause but above a hunch?

Answer 28

Reasonable Suspicion

Question 29

What Supreme Court case defined reasonable suspicion as “considerably less than proof of wrongdoing by a preponderance of evidence,” but more than an unparticularized hunch?

Answer 29

United States v. Sokolow

Question 30

What is not justification at all? Instead of searches being based on probable cause or reasonable suspicion, under certain circumstances, the courts permit select types of unjustified searches by weighing society’s safety interests and individuals’ interests in being free from unreasonable searches?

Answer 30

Administrative Justification

Question 31

What was one of the first cases to recognize administrative justification?

Answer 31

Camara v. Municipal

Question 32

Random drug tests for schools are constitutional as long as what?

Answer 32

They are not geared toward certain individual

Question 33

Do highly regulated businesses have the same expectation of privacy as ordinary citizens?

Answer 33

no

Question 34

Degree of Certainty: approximately 99%

Answer 34

Proof beyond a reasonable doubt

Question 35

Degree of Certainty: above 50%

Answer 35

Probable cause/ preponderance of evidence

Question 36

Degree of Certainty: Below 50% and above 0%

Answer 36

Reasonable Suspicion

Question 37

Degree of Certainty: 0%

Answer 37

Hunch