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Crim Law Other > Constitutional Definition of Search > Flashcards

Constitutional Definition of Search Flashcards

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1
Q

Authority to search is regulated by the ______ amendment and article ___ of the Massachusetts declaration of _____

A

Fourth amendment
Article 14
Declaration of Rights

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2
Q

The constitutional provisions fundamentally insist that law-enforcement base their searches on _______

A

Probable cause

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3
Q

The process of obtaining a warrant protects:

A

Citizens

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4
Q

Private citizens become police agents when they are ______, ______ or ______ by police

A

Instigated
Directed
Encouraged

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5
Q

If a citizen conducts their own search, not directed by the police, can they later be rewarded?

A

Yes, including reduced sentence

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6
Q

Medical personnel are not considered police agents if their procedures were undertaken for ______ and not to benefit Police

A

Treatment

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7
Q

If a surgeon removes a bullet from the defendant and turns it over to Police, is he now considered a police agent

A

No, because it was medically necessary to remove it

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8
Q

Does a hospital blood test, proving the defendants intoxication at his oui trial considered evidence or medically necessary

A

Medically necessary

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9
Q

Private security is typically unregulated by the constitution. If an off-duty police officer is working a private security job, are they more subject to regulation?

A

No

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10
Q

If a college student allows campus security to enter his room, does that permission automatically extend to police officers upon their arrival?

A

No

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11
Q

A person conducting a search is not automatically a state actor just because they are employed by the government. State action was meant to apply to government employees whose duties involve:

A

Enforcing the law or administering a local code where a violation might subject the offender to punishment

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12
Q

Is a meter reader for the electric department a state agent?

A

No

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13
Q

In cases where a municipal worker uncovers evidence officers should limit themselves to examining the evidence already discovered and then:

A

Get a warrant to search further

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14
Q

Public school administrators must follow some constitutional guidelines because their investigations may:

A

Have criminal consequences

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15
Q

While they don’t need a warrant school officials must have ________ in order to search

A

Reasonable suspicion

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16
Q

School officials methods of search must be appropriate given (4):

A
  1. Objectives of search-what they are looking for
  2. Nature of offense
  3. Students age
  4. Students sex
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17
Q

Does the constitution regulate the searching activities of private school officials?

A

No just public

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18
Q

The fourth amendment and article 14 protect what three areas?

A

A citizens:

body
home
possessions

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19
Q

Officers may not search a citizens, body home or possessions unless they have legal justification, including (3):

A

Warrant
Consent
Exception to the warrant requirement

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20
Q

Do you need constitutional justification to enter non-private areas?

A

No

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21
Q

Officers must have ______ to search a persons body for evidence

A

Probable cause

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22
Q

Officers must have _______ to frisk for their own protection

A

Reasonable suspicion

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23
Q

Does viewing a persons shoes, including the bottom, constitute a search

A

No

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24
Q

Is asking a suspect to lift their foot up so you can see the bottom of their shoes constitute a search

A

No

25
Q

A suspect lifts their foot up to show officers the bottom of their shoe. It is consistent with the shoe print found at a crime scene. What should officers do?

A

They now have probable cause so they should seize the shoe

26
Q

When clothing is removed at the hospital under what circumstances does the patient have an expectation of privacy regarding seizing or searching their clothing?

A

Citizens have an expectation of privacy for their clothing when it is removed for safekeeping (for example removed prior to surgery wi the expectation they will get it back after treatment)

No expectation of privacy when clothing is cut off for emergency treatment

27
Q

Heightened security is permitted in areas where citizens expect less privacy classic examples include:

A

Metal detectors at airports, schools, and government buildings
Border searches by federal agents

28
Q

Do citizens have a reduced expectation of privacy just because they are convicted

A

Yes

29
Q

A person on probation may be searched by a ____________ on the basis of ______

A

Probation officer or police officer assisting the probation officer
Reasonable suspicion

30
Q

If the search of a probationer occurs inside their home, what is necessary?

A

A warrant

31
Q

In order for probation officers to search a probationers cell phone, they should get consent or obtain a warrant based on ________

A

Reasonable suspicion

32
Q

______ may conduct warrantless search of home

A

Parole

33
Q

Parole can always search a parolees’s home without a warrant if they have reasonable suspicion that there is evidence of a _____

A

Parole violation

34
Q

A prisoner is being held in a jail when they become the suspect for a murder. Can officers seize their sneakers to look for the victims DNA or do they need a warrant?

A

They can seize the sneakers. Even if policy allows for the sneakers to be kept on prisoners. That is a privilege that could be withdrawn at any time

35
Q

A warrantless search of a probationers home is permitted based on:

A

Reasonable suspicion

36
Q

The greatest constitutional protection extends to a ______

A

Home

37
Q

Is a hotel or motel room considered a dwelling

A

Yes

38
Q

The home is historically referred to as the:

A

Curtilage

39
Q

For a hotel or motel guest, they lose their expectation of privacy once their:

A

Rental period is terminated

40
Q

Does eviction by innkeepers at a hotel require advance notice to the guest?

A

No

41
Q

Is a college dorm considered a dwelling?

A

Yes

42
Q

Is backyard considered within the cartilage?

A

Yes typically

43
Q

Does using binoculars as an individual enters exits their home infringe on privacy

A

No

44
Q

Does using binoculars to observe activities in a home infringe on privacy

A

Yes

45
Q

Does aerial surveillance infringe on privacy?

A

Not if it’s from a reasonable altitude consistent with FAA regulations

46
Q

Is helicopter surveillance from an altitude of 25 feet unreasonable and illegal

A

Yes

47
Q

Police need _______ to try a key in a lock of a private home

A

Reasonable suspicion

48
Q

Do police violate residents privacy when they use technology like thermal imaging?

A

Yes if used to learn about activities inside the home

49
Q

The dominant factor for abandoned property (2)

A

The place where the property is found and
The suspect’s relationship with that place

50
Q

Police searches and entries for PERSON (4)

A

(FCSC)

Frisk
Consent
Search incident to arrest
Community caretaker

51
Q

Police searches and entries for VEHICLE (4)

A

(FCMI)

Frisk
Consent
Motor Vehicle Exception
Inventory

52
Q

Police searches and entries for HOME (4)

A

(CEEW)

Consent
Emergency Aid
Exigent Circumstances
Warrant

53
Q

The three prong test for Plain View

A

Lawful presence
Inadvertence
Apparent evidence

54
Q

The heart of plain view is

A

Lawful presence

55
Q

What does the inadvertence rule do?

A

Forces officers who possess probable cause to obtain a warrant

56
Q

The inadvertence rule never applies to (3):

A

Contraband
Stolen goods
Dangerous objects

57
Q

When is the inadvertence rule typically an issue?

A

When police failed to mention a particular object in their warrant application, even though they had probable cause for it

58
Q

Regarding apparent evidence, what 3 things should obviously be seized when observed

A

Contraband
Fruits of the crime
Instrumentalities

59
Q

Officers must have _______ to believe items are related to crime in order to seize them

A

Probable cause

Crim Law Other (26 decks)

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