Fourth Amendment

Question 1

A seizure occurs when a govt officer ____ such that ____.

Answer 1

Exercises control; a reasonable person would feel like they were not free to decline the officer’s requests or terminate the encounter (totality of circumstances test)

Question 2

Probable cause is based on the ____.

Answer 2

Totality of the circumstances

Question 3

When RS is based on an informant’s tip, there must be a(n) _____.

Answer 3

Indicia of reliability

Question 4

Police must act in a _____ during an investigatory stop.

Answer 4

Diligent and reasonable manner to confirm or dispel their suspicions

Question 5

A valid roadblock must be:

Answer 5

On the basis of a neutral, articulable standard

Be closely related to a particular problem pertaining to cars

Question 6

To have standing to make a 4A argument, must have standing to ____ through a reasonable expectation of privacy in the ___ or ____.

Answer 6

Object;

Place searched; item seized

Question 7

Two basic warrant requirements:

Answer 7

Probable cause

Particularity

Question 8

Searches incident to arrest:

Answer 8

Can search after valid arrest and,

Make a protective sweep of area,

But this search must be contemporaneous in time and place with the arrest

Question 9

Police may search passenger compartment incident to arrest if:

Answer 9

Arrestee is unsecured and could gain access to interior of vehicle,
OR
Police reasonably believe evidence of the offense for which the person was arrested may be found in vehicle

Question 10

Automobile exception: police may search the ___ if they have probable cause to believe that _____.

Answer 10

Entire vehicle and any container reasonably containing the item;

The vehicle contains fruits, instrumentalities, or evidence of a crime

Question 11

Police saying that they have a warrant does not negate consent. T/F

Answer 11

False. It does negate consent

Question 12

Terry stop requires _____ to stop the person without probable cause.

Answer 12

Articulable and reasonable suspicion

Question 13

For a Terry frisk, an officer needs a _____ that the suspect might be _____.

Answer 13

Reasonable belief; armed and dangerous

Question 14

Plain feel allows an officer to take out _____ from a suspect’s pocket. But the officer cannot ____ the clothing.

Answer 14

Arms or contraband; manipulate

Question 15

Fleeing person suspected of a misdemeanor may make a warrantless search and seizure AND pursue the person into a private dwelling. T/F

Answer 15

False. That’s true for the warrantless S&S but police can only follow a suspected FELON into a private dwelling

Question 16

School search is reasonable if it offers a ______, the measures used to carry out the search are _____, and the search is not _____.

Answer 16

Moderate chance of finding evidence of wrongdoing;

reasonably related to the objectives of the search;

excessively intrusive in light of age/sex of student and the nature of the infraction