Constitution, Fourth Amendment, Bill of Rights

Question 1

What does the Fourth Amendment say?

Answer 1

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Question 2

How many words does the Bill of Rights contain?

Answer 2

54

Question 3

Originally, did the federal courts involve themselves with enforcing search and seizure laws at the state level, or was that left to the individual states?

Answer 3

No, it was left to the individual states.

Question 4

What case law was ruled on by the US Supreme Court in 1949 which made the 4th Amendment binding on state and local officers?

Answer 4

Wolf v Colorado

Question 5

What key concept came into play with Wolf v Colorado?

Answer 5

Dual sovereignty/dual citizenship

Question 6

True or false - evidence obtained in violation of a person’s rights must be excluded from evidence in federal criminal trials.

Answer 6

True - this is not found in the constitution, but is a judicial rule.

Question 7

True or false - State courts can interpret their own constitutions to give their citizens more or fewer rights, as they see fit.

Answer 7

False. State courts can only interpret their own constitutions to give their citizens more rights than they have as US citizens, but never fewer.

Question 8

Is evidence derived from an initial first illegal act admissible in state court?

Answer 8

No

Question 9

If a seizure of evidence violates the state constitution , will it be excluded from trial?

Answer 9

Yes

Question 10

What is the Good Faith Exception?

Answer 10

A federal exception that says that if an officer conducts an illegal search unknowingly and in good faith, the evidence is admissible. NEW HAMPSHIRE DOES NOT HAVE A GOOD FAITH EXCEPTION.

Question 11

Does NH have a Good Faith Exception?

Answer 11

No.

Question 12

Essentials: What is the Inevitable Discovery exception to the Exclusionary rule?

Answer 12

If evidence is discovered by illegal means but would have been discovered later by legal means, it is admissible (State v Beede, 1979)

Question 13

What is required for a “One-Party?”

Answer 13

Authorization must be granted by the AG, an assistant AG or person designated to authorize a one party. A memo must be made within 72 hours.

Question 14

True or false - a search is any conduct by government agents which intrudes on a person’s expectation of privacy.

Answer 14

True

Question 15

True or false - a government agent is a police officer or someone operating at their direction.

Answer 15

True

Question 16

True or false - the US Supreme Court has ultimate authority for interpreting the US Constitution and the NH Supreme Court has ultimate authority for interpreting the NH Constitution.

Answer 16

True

Question 17

If an illegal wiretap leads to other evidence, is it admissible?

Answer 17

No

Question 18

True or False - Even if someone knowingly exposes evidence to the public, it is still protected by the 4th Amendment.

Answer 18

False

Question 19

True or false - while a hit and run vehicle parked in a public lot, with blood on the bumper can be introduced in evidence, (Wardwell v Lewis, 417 US 583 (1974) if the car is parked in a place where the officer does not have the legal authority to enter, a warrant is required. Coolidge v New Hampshire, 403 U.S. 443 (1971)

Answer 19

True

Question 20

What is Maryland v Macon, 472 U.S. 463 (1985)

Answer 20

Maryland v. Macon
472 U.S. 463 (1985)

The U.S. Supreme Court ruled that a detective entering an adult store, purchasing magazines, and then arresting the clerk for selling obscene material did not constitute an unlawful search and seizure under the Fourth Amendment.

Question 21

True or false - 4th Amendment protection rights are dependent on property rights.

Answer 21

False - 4th Amendment protection rights are dependent upon the expectation of privacy

Question 22

True or false - in New Hampshire, anyone charged with an offense in which POSSESSION is an element, has the automatic right to challenge the search.

Answer 22

True, for example, drug possession, illegal weapon possession, Possession of stolen vehicle.

Question 23

Essentials - what is the exclusionary rule?

Answer 23

The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. … The exclusionary rule is a court-made rule.

Question 24

Essentials - what is the “good faith” exception to the exclusionary rule?

Answer 24

When a search is conducted with a good faith belief that it is a legal search, the evidence discovered may be admitted. See United States v. Leon, 468 U.S. 897 (1984).

Question 25

Essentials: What is the exclusionary rule?

Answer 25

The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. … The exclusionary rule is a court-made rule.

Question 26

Essentials: What is the “good faith” exception to the exclusionary rule?

Answer 26

When a search is conducted with a good faith belief that it is a legal search, the evidence discovered may be admitted. See United States v. Leon, 468 U.S. 897 (1984).

Question 27

Essentials: What is the “inevitable discovery” exception to the Exclusionary rule?

Answer 27

The inevitable discovery exception to the exclusionary rule allows into evidence illegally seized items that would have been discovered lawfully anyway. This exception allows evidence to be admitted, even though it was seized in violation of the Constitution.

Question 28

Essentials: True or false - The expectation of privacy is crucial to distinguishing a legitimate, reasonable police search and seizure from an unreasonable one.

Answer 28

True

Question 29

Essentials: Does the 4th Amendment restrict citizens, or government agencies?,

Answer 29

Government agencies

Question 30

Essentials: Does an individual charged with a possessory crime have automatic standing to vhallenge the search?

Answer 30

Yes