Constitutional definition of a search

Question 1

Law enforcement searches do not become subject to constitutional regulation until three conditions are met

Answer 1

1) State action

2)Reasonable expectation of privacy

3) Standing

Question 2

The protection of the Fourth Amendment of the US constitution is fully applicable to a search and seizure by a private party who ….

Answer 2

Acts as an agent of law enforcement

Question 3

Private parties only become agents of the police when they conduct a search at the ______,_________ or _______ of officers

Answer 3

1) Direction

2) Encouragement

3) Instigation

Question 4

Medical personnel do not become agents of the police even though they discover evidence, if their procedures were undertaken for ______ ______

Answer 4

Routine treatment

Question 5

Public school administrators must follow constitutional guidelines when making a search because they are ……

Answer 5

Government officials enforcing laws

Question 6

The Fourth Amendment and Article 14 are clear about what is protected from unreasonable police intrusion. These three areas merit constitutional protection because they are where citizens typically have a reasonable expectation of privacy

Answer 6

1) Body

2) Home

3) Possessions

Question 7

The four Constitutionally recognized justifications to enter private areas are

Answer 7

1) Search Warrant

2) Consent

3) Exigent Circumstances

4) Another exception to the warrant requirement

Question 8

In order for a place to enjoy the protection of the US constitution Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights, the privacy expectations must be one that society considers ________ _______

Answer 8

Objectively Reasonable

Question 9

In deciding whether an expectation of privacy exists, what should officers ask themselves on the street ?

Answer 9

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

Question 10

Treatment and safekeeping are two different scenarios when talking about clothes in the hospital. Clothes cut off for treatment aren’t considered a search. But clothes kept for safekeeping is considered a _______

Answer 10

Search

Question 11

True or False. Police may conduct an administrative search of any car in a parking lot as long as a sign conspicuously advises “ Warning: all vehicle beyond this point are subject to search”

Answer 11

False
(The search must be regulated by a policy if they don’t occur at the entrance )

Question 12

A probation Officer may search a probationers _______ pursuant to a search warrant based on a reasonable suspicion in Massachusetts

Answer 12

Home
(A police officer may search probationer on less then a probable cause, but only if they is assisting a probation officer, probation officers still need a warrant to search a probationer’s home but only one based on reasonable suspicion)

Question 13

True or False ? A probationer maintains a privacy interest in his cell phone

Answer 13

False

Question 14

Based on a reasonable suspicion of a parole violation a parole officer may _______ a parolee’s home without a warrant

Answer 14

search

Question 15

Officer must have _______ or consent to a search a person for evidence. Officers need _______ to frisk for their own protection

Answer 15

Probable Cause
Reasonable suspicion

Question 16

What constitutes a dwelling is more than just the area within the walls of the physical structure of the home itself. Knowing what does and does not fall within the ________ is especially important for police officers because they need to separate justification- such as probable cause and a search warrant when they enter this area

Answer 16

Curtilage

Question 17

Knowing the _______ of the curtilage is important for police officers because entry beyond that point require a warrant, consent, exigent circumstances or some other recognized exceptions to the warrant requirement

Answer 17

extent

Question 18

A ________ is considered apart of the curtilage

Answer 18

Mailbox

Question 19

True or False, A side yard of a multi- family home can be within the curtilage of a unit

Answer 19

True

Question 20

_____ ______ is a term of constitutional origin that refers to any area beyond the curtilage, It is where the citizen no longer enjoys a reasonable expectations of privacy

Answer 20

Open Fields

Question 21

A citizen does _____ a reasonable expectation of privacy in the exterior walls of the multi unit building in which he lives

Answer 21

Not

Question 22

The Police preform a warrantless inspection of a vehicle that is parked in a private driveway and discover illegal drugs inside. The driveway is visible from a busy public street and access to the driveway is not blocked by a gate or other obstructions. The vehicle inspection was proper because ……….

Answer 22

the owner of the vehicle has no reasonable expectation of privacy in this location

Question 23

True or false .Constitutional protection against unreasonable searches applies to commercial premises, including all areas where the business owner has established clear property ownership

Answer 23

False
(The issue is not ownership, it is whether the area is “private”)

Question 24

A _____ ___ ____ should only occur during normal visiting hours

Answer 24

Knock and talk

Question 25

Using binoculars to observe activities in a private dwelling _____ infringe on an expectations of privacy

Answer 25

Does

Question 26

Police do not violate an individuals privacy by engaging in aerial surveillance from a ________ altitude consistent with ________ regulations

Answer 26

Reasonable
FAA

Question 27

Before a police officer may insert a key into the lock of a residence, the officer must have

Answer 27

A reasonable suspicion

Question 28

Police receive a tip that cocaine is being processed for illegal sale in a home, but they are unable to verify it. May police bring a K9 handler and his drug sniffing dog to the home for an exterior sniff on the front porch

Answer 28

No the use of a drug sniffing dog in this manner would be a search of the home without a warrant

Question 29

Without permission, Stanley wirelessly connects to his neighbors internet router and shares child pornography files over the internet. Police use mobile tracking software to determine that the stolen signal is coming from Stanley’s apartment . Were Stanley’s privacy rights violated ?

Answer 29

No, Stanley’s conduct was not confine to the interior of his home and he was engaged in virtual trespass with no expectation of privacy

Question 30

Under the Fourth Amendment, items in the United States mail, including express mail packages may be exposed to trained narcotics dog if ……

Answer 30

A reasonable suspicion exists to detain the letter or package

Question 31

The federal rule for standing can be summarized by _______ _____ ___ _____

Answer 31

Reasonable expectation of privacy

Question 32

The Supreme Judicial court may inerpret the state constitution to provide more expansive protections than the federal constitution. Specifically, it did so in Comm v. Amendola which confers “automatic standing” on any defendant accused of …..

Answer 32

A possessory offense

( Drug/firearm possession)

Question 33

Under the standing rule used by Massachusetts courts, a defendant would not have standing to object to a search if that defendant was charged with ______, and the search was directed toward another person in an area where the defendant had no reasonable expectation of privacy

Answer 33

Conspiracy

Question 34

What is target standing ?

Answer 34

The police purposely engaged in illegal conduct to “get” the defendant
(Think of the mob, illegally going after henchmen to get to the big boss)

Question 35

True or False. Poor police behavior must be blatant to justify a defendants assertion of target standing

Answer 35

True

Question 36

Once shipped and legally opened no need for a _________ to repopwn
Upon delivery

Answer 36

Warrant
(Checked package when in possession of third party shipper. No need for warrant once it arrives to defendant unless there is a substantial likelihood that the contents have been changed)