Search and seizure-persons

Question 1

Does the Fourth Amendment contain a warrant requirement

Answer 1

No, it prohibits unreasonable searches and seizures

Question 2

What is a search

Answer 2

When a government agent infringes upon an expectation of privacy that society considers reasonable

Question 3

What is a seizure of a person

Answer 3

When peace officer physically applied force with the intent to restrain or when a person submits to a peace officer’s authority

Question 4

What is a seizure of property

Answer 4

When there is some meaningful interference with an individual’s possessor interest in that property

Question 5

Can a private citizen violate someone’s Fourth Amendment right

Answer 5

No, only the government or its agents can violate someone’s Fourth Amendment rights

Question 6

The search or seizure _______ be intentional

Answer 6

must

Question 7

The Fourth Amendment addresses ______ __ ____ not the accidental effects of otherwise lawful government conduct

Answer 7

misuse of power

Question 8

The Fourth Amendment ___ ___ mandate that police officers act flawlessly, but only that they act reasonably

Answer 8

does not

Question 9

What is the exclusionary rule

Answer 9

A sanction created by the Supreme court to deter improper police conduct

Question 10

When is the legality of a search or seizure normally decided

Answer 10

Prior to trail at a Preliminary hearing or pre trial suppression motion

Question 11

What does the court determine regarding the exclusionary rule

Answer 11

Whether the police acted legally and if the search and seizure was unreasonable it must decide whether the evidence must be excluded at trial

Question 12

Is a person detained illegally by the police immune to protection for crimes committed during unlawful detention

Answer 12

No

Question 13

Does the exclusionary rule apply to civil proceedings

Answer 13

Only where the proceedings so closely identify with criminal proceedings that they are quasi-criminal

Question 14

A defendant must show_______ to move for the suppression of evidence

Answer 14

standing

Question 15

What are some factors to be considered when establishing standing

Answer 15

-whether defendant has a property or possessory interest in the thing seized or place to be searched
-whether he has the right to exclude others from that place
-whether he has exhibited a subjective expectation that it would remain free from governmental invasion
-he took normal precautions to maintain
-whether he was legitimately on the premises

Question 16

Does someone have standing while visiting a property to be searched, even with owner’s permission.

Answer 16

No, without more, standing would be lacking for a visitor

Question 17

The exclusionary rule will not apply when an erroneous search or seizure is the result of mere ______.

Answer 17

negligence