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Question 1

What is the Fourth Amendment to the U.S. Constitution?

Answer 1

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable, 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

what is the Fifth Amendment to the U.S. Constitution?

Answer 2

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentation or indictment of a Grand Jury, accept in cases arising in the land or naval forces, or in the Militia, when an actual service in time of war or public danger, Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use without just compensation.

Question 3

What is the standard of justification for a full-body search for weapons/evidence under the Fourth Amendment Search and Seizure of persons?

Answer 3

Probable cause

Question 4

What is the standard of justification for a frisk for weapons under the Fourth Amendment Search and Seizure of persons?

Answer 4

Reasonable suspicion

Question 5

What is the standard of justification where authorities may not search an individual or frisk for weapons/evidence under the Fourth Amendment Search and Seizure of persons?

Answer 5

Encounter

Question 6

What is needed to qualify as Exigent Circumstances/Warrantless Arrest?

Answer 6

1) Hot Pursuit
2) Public Safety is at risk
3) Belief of evidence destruction during police investigation

Question 7

Knock and Announce

Answer 7

Case by case analysis is required to determine whether no knock entry is justified.

Circumstances may include
1) Threat of violence to officers
2) Escaped prisoners in home
3) Destruction of evidence is likely

Question 8

Type of reasons required to meet “Reasonable Suspicion” standard.

Answer 8

1) Specific
2) Articulable

Question 9

What four things does the Fourth Amendment protect people against unreasonable searches and seizures?

Answer 9

1) Themselves
2) Houses
3) Papers
4) Effects

Question 10

The Fourth Amendment states that no Warrants shall be issued unless it satisfies what four conditions?

Answer 10

1) Probable Cause
2) Supported by Oath or affirmation
3) Particularly describes the place to be searched and/or …
4) Particularly describes the person or things to be seized.

Question 11

The Fifth Amendment states that no person shall be held to answer for a capital, or otherwise infamous crime unless what two condition are met?

Answer 11

1) A presentation or
2) indictment of a grand jury.

Question 12

The Fifth Amendment protects against what five things from happening to a person?

Answer 12

1) Answering for a capital crime unless indicted by a Grand Jury.
2) Being subject for the same offense twice (double jeopardy)
3) Being a witness against themself
4) Be deprived of life, liberty or property without due process of law
5) Have their property taken for public use without just compensation

Question 13

What are the two exceptions to the Fifth Amendment’s right to not be held to answer for a capital or infamous crimes unless on a presentation or indictment of a Grand Jury?

Answer 13

1) Cases arising in the land or naval forces or in the Militia.

2) When in actual service in time of war or public danger.