Search and seizure person 4th amendment / consensual encounter

Question 1

fourth amendment

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

A “search” occurs when

Answer 2

a government officer infringes upon an expectation of privacy that society considers reasonable.

Question 3

A “seizure” of property occurs

Answer 3

when there is some meaningful interference with an individual’s possessory interest in that property.

Question 4

A “seizure” of a person occurs:

Answer 4

(1) when a peace officer physically applies force or (2) when a person voluntarily submits to a peace officer’s authority.

Question 5

The proscription against unreasonable search and seizure in the Fourth Amendment applies only

Answer 5

to the acts of government officers or their agents.

Question 6

the search or seizure must be

Answer 6

intentional, rather than merely an accident

Question 7

When challenged, the legality of a search or seizure normally is decided prior to trial, either as part of the

Answer 7

preliminary hearing or at a separate pretrial suppression motion, or both

Question 8

The defendant must prove that he or she had _____to bring the motion by proving a sufficient privacy interest in the place searched or item seized

Answer 8

“standing”

Question 9

The prosecution then bears the burden of proving the

Answer 9

justification for a search or seizure

Question 10

_____must be presented via live testimony subject to cross-examination.

Answer 10

evidence

Question 11

Based solely on the evidence presented at the suppression hearing, the court makes two separate determinations:

Answer 11

whether the search or seizure was reasonable or unreasonable, if unreasonable, whether the evidence must be excluded at trial

Question 12

To trigger the exclusionary rule, the police conduct must be ______ _______ so that the exclusion of evidence would meaningfully deter future conduct.

Answer 12

sufficiently deliberate

Question 13

There are two additional considerations before the exclusionary rule will be invoked

Answer 13

First is whether the evidence was obtained as a direct result or “exploitation” of the illegal police conduct; second is whether the evidence would have been legally discovered anyway

Question 14

A person detained illegally is not immunized from

Answer 14

prosecution for any crime committed during the illegal detention

Question 15

Proposition 8

Answer 15

As long as the police do not violate the Fourth, Sixth, or Fourteenth Amendment of the United States Constitution when obtaining evidence, or the constitutionally based procedures set out in Miranda v. Arizona, the evidence is admissible in court

Question 16

Among the factors to be considered regarding standing are

Answer 16

(1) whether the defendant has a property or possessory interest in the thing seized or the place searched; (2) whether he has the right to exclude others from that place; (3) whether he has exhibited a subjective expectation that it would remain free from governmental invasion; (4) whether he took normal precautions to maintain his privacy; and (5) whether he was legitimately on the premises.

Question 17

In evaluating a Leon “good faith” claim, the courts will look to whether a

Answer 17

“reasonably well trained officer would have known that the search was illegal” in light of all the circumstances.

Question 18

Following Herring, the exclusionary rule will not apply when an erroneous search or seizure is

Answer 18

the result of mere “negligence.”

Question 19

The exclusionary rule also will not apply when officers rely on a ______ ______ statute.

Answer 19

subsequently invalidated

Question 20

In contrast, evidence will be excluded if officers’ conduct is based on a mistake of law that is

Answer 20

unreasonable.

Question 21

Exceptions to the illegality of warrantless searches:

Answer 21

(1) consent searches, (2) emergency searches (i.e., warrantless searches permitted because of “exigent circumstances”), and (3) searches conducted incident to an arrest.

Question 22

A “consensual encounter”

Answer 22

is a contact between an officer and an individual that is strictly voluntary.

Question 23

____________ is a consensual encounter that takes place at the doorway of a home.

Answer 23

knock and talk