Fourth Amendment

Question 1

State the Fourth Amendment

Answer 1

“The right of the people to be secure in their persons, houses, papers, and effects, against reasonable searches and seizures.
Shall not be violated and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Question 2

Define Search

Answer 2

An entry or intrusion by a government agent on a quest for evidence into an area where an individual has a reasonable expectation of privacy.

Question 3

Define Seizure

Answer 3

The taking into custody of property including a vessel, evidentiary items and or contraband.

Question 4

Probable Cause

Answer 4

The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances , to believe a crime has been committed.

Question 5

Reasonable Suspicion

Answer 5

The belief by a reasonable and prudent person based on articulable facts, that something has happened.

Question 6

Two prong test for reasonable expectation of privacy

Answer 6

1. That person must have exhibited an actual expectation of privacy
2. That expectation must be one that society is prepared to recognize as reasonable

Question 7

Areas of a person where they have REP

Answer 7

Internal evidence such as blood, saliva, or urine samples constitutes a search. External such as finger prints you do not have REP

Question 8

Areas of a vehicle where REP exists

Answer 8

No REP on the exterior of a vehicle, owner has REP for interior of vehicle, a passenger does not have REP in another persons vehicle

Question 9

Areas of residence when a person has a REP

Answer 9

A person has REP all throughout there house, including areas that fall within a homes “curtilage”

Question 10

What is curtilage

Answer 10

Means the area to which extends the intimate activity associated with the sanctity of the home and the privacies of life.

Question 11

4 factors to determine if an area is curtilage

Answer 11

1. Proximity of the curtilage area to the residence
2. Whether the area is included within an enclosure
3. Use of the area
4. Steps taken by resident to protect area from observation

Question 12

4th amendment in hotels (navy lodging)

Answer 12

A person has protection by the fourth amendment when checked into a hotel room, that does not apply for common areas such as hallways or stairwells and that protections ends at checkout

Question 13

REP with abandoned property

Answer 13

There is no REP for abandoned property (abandonment occurs when an individual, either through word or deed indicates an intention to permanently disavow any interest in the item or place)

Question 14

Explain Plain View Doctrine

Answer 14

Allows officers to seize evidence they discover while in a public place or lawfully inside an REP protected area

Question 15

Three requirements to conduct a legal plain view seizure of evidence

Answer 15

1. The officer must lawfully be in a position to observe the item
2. The incriminating nature of the item must be immediately apparent
3. The officer must have a lawful right of access to object itself

Question 16

Define consensual encounter

Answer 16

A brief, voluntary encounter between law enforcement officers and citizens

Question 17

What’s an investigative detention (terry stop)

Answer 17

An investigative detention is a compelled, brief, investigatory stop

Question 18

Requirements to conduct a terry stop

Answer 18

Officer must have reasonable, articulable suspicion that criminal activity is afoot and the person detained is somehow involved

Question 19

What is “Criminal Activity Afoot”

Answer 19

Means that the officer must reasonably suspect that a crime is about to be committed, being committed or a crime has been committed

Question 20

Requirements to conduct a terry frisk on a person

Answer 20

Officer must have reasonable suspicion that the targeted person is about to commit a crime, has committed a crime, or is a committing a crime and may be “armed and presently dangerous”

Question 21

To justify a frisk, an officer must demonstrate two things

Answer 21

1. The detention leading to the frisk must be lawful
2. To proceed from a stop to a frisk, the officer must reasonably suspect that the person is presently armed and dangerous

Question 22

Requirements to conduct a terry frisk of a vehicle

Answer 22

An officer may have reasonable suspicion to believe the driver or passenger in a vehicle is dangerous and may gain immediate control of a weapon. Officer may not frisk the trunk

Question 23

Explain the Carroll Doctrine aka “Mobile Conveyance Exception”

Answer 23

If officers have probable cause to believe that a mobile conveyance located in a public place has evidence of a crime or contraband located within it, the officers may search the mobile conveyance without a warrent

Question 24

Explain the two requirements to conduct a lawful search under the Mobile Conveyance Exception

Answer 24

1. There must be probable cause to believe that evidence of a crime or contraband is located within the vehicle
2. The vehicle must be readily mobile in a public place at the time the officers encounter it

Question 25

Scope of a search under the Mobile Conveyance Exception

Answer 25

limited by the nature of the object being sought, so if you were looking for a full-size shotgun, you will not be looking in the glove box because it wouldn’t fit in there. Scope depends on object you are searching for

Question 26

Define exigency circumstances and provide examples

Answer 26

Exigency Circumstances: “a well-established rule of law that searches conducted without warrants are presumptively unreasonable, subject to only a few limited exceptions”
Examples: hot pursuit, destruction or removal of evidence, emergency scene

Question 27

Explain the Exclusionary Rule

Answer 27

states that evidence obtained as a result of an unlawful search and or seizure is inadmissible in criminal trials. It was created to deter police misconduct by creating negative consequences for disregarding the fourth amendment.

Question 28

Explain consent search

Answer 28

one that establishes exceptions to the requirements of both a warrant and probable cause, a consent search is conducted pursuant to consent

Question 29

2 requirements for consent search to be valid

Answer 29

1. The consent must be voluntarily given
2. The consent must be given by an individual with either actual or apparent authority over the place to be searched

Question 30

How does consent search relate to roommates

Answer 30

both people assume the risk that the other person might consent to a search of all common areas, as well as areas to which the other person has access. However one roommate may not generally give consent to search the personal property or exclusive spaces (bedroom)

Question 31

How does consent search relate to adult/minor child

Answer 31

parent can almost always consent to a search of the child’s belongings or living area. If the adult child is paying rent, courts usually treat the situation like a landlord/tenant relationship, second, has the adult child taken any steps to deny parents access, if so the parent is unable to consent to a search

Question 32

Consent search relating to one party consents/ other party does not

Answer 32

If one person does not consent, then authority is not granted, both parties have to consent