Constitutional Law Quiz IV

Question 1

A search is

Answer 1

Government intrusion into person’s privacy interest

Question 2

A seizure is

Answer 2

Government intrusion into person’s possession interest

Question 3

4th Amendment protects against unreasonable searches of

Answer 3

persons, papers and effects

Question 4

No 4th amendment challenge if

Answer 4

no reasonable expectation of privacy

Question 5

No privacy interest in

Answer 5

Place you do not live
In person
Property already exposed to public

Question 6

Wire tap cases

Answer 6

Olmstead vs. US (tap down street)

Katz vs US (bookie and phone booth)

Question 7

4 subjects constitutionally protected

Answer 7

Person and areas of body not exposed to public
In Homes (where you live/offices/transient lodgings)
In your papers (mail/hard drive/audio tape)
Your effects (personal property/wallet/phone)

Question 8

2 types of searches

Answer 8

Warrant required: probable cause, facts must show particulars
Without warrant: probable cause

Question 9

4 categories subject to search warrant

Answer 9

1: fruits of a crime
2: instrumentality of crime
3: contraband
4: mere evidence

Question 10

Case defining particularization

Answer 10

Steele vs US (whiskey)

Question 11

2 Prong Test for warrant issued based upon CI info

Answer 11

Aguilar Spinelli test: credibility of CI and reliability of info

Question 12

Case regarding CI info and totality of circumstances

Answer 12

IL vs. Gates

Question 13

NY state court vs federal court follows what for CI

Answer 13

state: Aguilar Spinelli
federal: IL vs. Gates

Question 14

No warrant is needed exceptions:

Answer 14

1: Consent
2: Search Incident to arrest
3: Exigent Circumstances
4: Inventory Search
5: Plain view
6: Terry stop frisk
7: Automobile Search
8: Abandoned property

Question 15

Consent

Answer 15

Must be knowing, voluntary, of free will and by someone who has the authority to give

Question 16

Search incident to arrest

Answer 16

Pursuant to lawful arrest

Limited to person and grabbable area

Question 17

Exigent circumstances

Answer 17

1: need for immediate action (threat to safety of officer or general public)
2: threat of evidence being lost or destroyed
3: Hot pursuit

Question 18

Hot pursuit case

Answer 18

Brigham City UT vs. Stewart

Question 19

Plain view requirements

Answer 19

1: suspect must have demonstrated some kind of connection to property
2: must show reasonable expectation of privacy
3: how was evidence observed or perceived

Question 20

When plain view requirement exist, items may be seized without a warrant if

Answer 20

1: officer must be lawfully present
2: must have unobstructed view of object
3: illegal nature of object must be readily apparent

if any missing must get warrant

Question 21

Automobile stop

Answer 21

where vehicle stopped because of probable cause involved in a crime or because may contain contraband

Question 22

Police may search entire care, bumper to bumper and any closed container if

Answer 22

Police believe car was involved in crime, would need probable cause to search occupants if they believe occupant was involved in crime

Question 23

Abandoned property

Answer 23

must show that defendant intended to disassociate themselves from property. Abandonment must be initiated by defendant

Question 24

Abandoned property case

Answer 24

People vs. Harris (police reason they discarded)

Question 25

Exclusionary rule

Answer 25

Remedy for constitutional violations

• Prevents use of evidence unconstitutionally obtained
  1: Restores defendant to position they would have been in without evidence
  2: deters police from further violations

Question 26

Exclusionary rule case

Answer 26

Weeks vs. US (gambling)

Map vs. OH

Question 27

Fruit of poison tree

Answer 27

evidence found from illegal search

Question 28

Fruit of poison tree case

Answer 28

Wong Sun vs. US

Question 29

Exceptions to exclusionary rule

Answer 29

1: evidence would been found eventually
2: Good faith rule

Question 30

Good faith rule case

Answer 30

AZ vs. Evans

US vs. leon

Question 31

Use of illegal seized evidence

Answer 31

cannot be used as evidence of guilt but can be used for impeachment purposes (to show unbelievable)