Definition 1-20

Question 1

Bill of Rights and 14th Amendment

Answer 1

Through the 14th Amendment, portions of the Bill of Rights have been applied to the states

Question 2

Fourth Amendment

Answer 2

Constitutional Amendment prohibiting unreasonable searches and seizures by the Government and the issuance of warrants without probable cause.

Question 3

Reasonable Expectation of Privacy

Answer 3

Courts will consider the totality of circumstances to determine whether or not there was a reasonable expectation of privacy.

Question 4

Standing and Expectation of Privacy

Answer 4

To make a 4th Amendment claim regarding a search, one must own or have the right to possess the area searched.

Question 5

Reasonable Suspision

Answer 5

Specific and articulable facts suspecting a person of criminal activity

Question 6

Probable Cause

Answer 6

Reasonable ground to suspect that someone has committed or is committing a crime

Question 7

Search (4th Amendment)

Answer 7

Search is when a government agent intrudes on an individuals reasonable expectation of privacy

Question 8

Search Warrant

Answer 8

A judges written order authorizing a law enforcement officer to conduct a search of a specified place and seize evidence.

Question 9

When a Search Warrant is required

Answer 9

Police must have a valid search warrant in order to violate one’s reasonable expectation of privacy

Question 10

Requirement for obtaining a Warrant

Answer 10

Neutral and detached magistrate, probable cause, specific and articulable facts, executed by police, executed after proper announcement unless exigent circumstances, executed within a reasonable amount of time.

Question 11

Good Faith Reliance on Invalid Warrant

Answer 11

Evidence discovered by police in good faith on a warrant subsequently found to be based on probable cause is admissible.

Question 12

Search Warrant Exceptions

Answer 12

Plain View, consent, Automobile exception, Incident to lawful arrest, Investigatory detention, Hot pursuit, Danger of losing evidence, Emergency, Border searches, Immigration and naturalization inspections, Unreliable listener, Uninvited listener, Open register. PCA IIH DEB IUUO

Question 13

Consent Search

Answer 13

Search made by authorized person after subject of the search voluntarily consents.

Question 14

Exigency

Answer 14

State of urgency requiring immediate action

Question 15

Plain view

Answer 15

Search Warrant not required for evidence in plain view

Question 16

Unreliable Listener

Answer 16

Individual under no obligation to refrain from repeating what another has told them, absent a privilege

Question 17

Parolees and Warrant Searches

Answer 17

Parolees are required to submit to warrantless searches of themselves, property, and residence.

Question 18

Administrative Agencies and Warrants

Answer 18

Administrative agencies are subject to the same requirements as police regarding warrants.

Question 19

Search Methods “That shock the conscience “

Answer 19

Evidence obtained by means that “shock the conscience “ is inadmissible.

Question 20

Siezure (4th Amendment)

Answer 20

Arrest of a person or confiscation of property by a government agent that may interfere with a person’s reasonable expectation of privacy.