Search and Seizures, Week 1, Chapter 2

Question 1

What historical context led to the creation of the Fourth Amendment?

Answer 1

The Fourth Amendment was inspired by the discontent of farmers with England’s assistance system and general warrants, seen as oppressive.

Question 2

In Boyd v. US, how did the court define search and seizure?

Answer 2

In Boyd v. US, the court equated search and seizure to a compulsory production of private papers.

Question 3

What is one of the key principles of the Fourth Amendment?

Answer 3

One key principle of the Fourth Amendment is reasonableness, which prohibits unreasonable searches and seizures.

Question 4

What are the two approaches courts use to determine the reasonableness of police action?

Answer 4

Courts use the Brightline and Case by case approaches to determine the reasonableness of police action.

Question 5

What does the Brightline approach entail?

Answer 5

The Brightline approach sets specific rules that apply universally to all cases.

Question 6

How does the Case by case approach evaluate reasonableness?

Answer 6

The Case by case approach evaluates reasonableness based on the unique facts and circumstances of each case.

Question 7

What categories are specifically protected under the Fourth Amendment?

Answer 7

The Fourth Amendment protects “Persons, Houses, Papers, and Effects.”

Question 8

What does the “Houses” category include?

Answer 8

“Houses” include places of residence such as apartments, vehicles, and even areas like one’s office in a workplace, with privacy rights extended to cover personal spaces even when not open for business.

Question 9

What types of cases does the Fourth Amendment apply to?

Answer 9

The Fourth Amendment applies to criminal cases.

Question 10

Who does the Fourth Amendment apply to?

Answer 10

The Fourth Amendment applies to government officials, not private parties.

Question 11

What was the aim of the Fourth Amendment?

Answer 11

The Fourth Amendment was written to limit government actions and protect privacy.

Question 12

What two parts make up the Fourth Amendment?

Answer 12

The Fourth Amendment consists of a reasonableness clause and a warrant clause.

Question 13

What must be present for a warrant to be issued?

Answer 13

A warrant must be issued based on probable cause.

Question 14

How has the Supreme Court interpreted the word “secure” in the Fourth Amendment?

Answer 14

The Supreme Court interprets “secure” as balancing personal security with government investigative powers.

Question 15

What are the characteristics of a search warrant?

Answer 15

Supported by probable cause, obtained by a statement under oath, specific of person/place to be searched and evidence to be seized.

Question 16

What is required for a search warrant to be issued?

Answer 16

A probable cause affidavit supported by sworn facts.

Question 17

What document initiates the process of obtaining a search warrant?

Answer 17

The process starts when a cop provides a probable cause affidavit.

Question 18

Who reviews the probable cause affidavit to determine if a search warrant should be issued?

Answer 18

A magistrate reviews the probable cause affidavit.

Question 19

What must police officers do promptly after receiving a search warrant?

Answer 19

They must use it promptly.

Question 20

What is meant by the term “stale” in the context of search warrants?

Answer 20

When the evidence is expired or no longer relevant.

Question 21

How long does Virginia state law allow for the execution of a search warrant after it’s issued?

Answer 21

Within 15 days of issuance.

Question 22

What information does the search warrant return include?

Answer 22

The day and time of the search and the inventory collected.

Question 23

What restrictions does Virginia state law place on search warrants regarding entry times and attire?

Answer 23

Prohibits no-knock warrants, requires police to wear uniforms, and restricts entry times to 8 am - 5 pm for homes.

Question 24

When analyzing a reasonable expectation of privacy, what two factors are considered?

Answer 24

Whether the person expected privacy and whether society considers that expectation reasonable.

Question 25

What are some methods law enforcement can use to collect evidence without constituting a search?

Answer 25

Open fields, abandoned property, items knowingly exposed to the public, K-9 sniffs, administrative inspections.

Question 26

What does the “open fields” doctrine refer to?

Answer 26

It refers to areas outside of the curtilage of a home, where there is no reasonable expectation of privacy.

Question 27

Give an example of an item considered abandoned property.

Answer 27

Trash placed at the curb for collection.

Question 28

What is the Supreme Court’s stance on K-9 sniffs as a search method?

Answer 28

K-9 sniffs are not considered searches.

Question 29

What types of searches have special rules regarding privacy expectations?

Answer 29

Public school students, drug testing, immigration/border searches.

Question 30

How does the Fourth Amendment apply to public school students?

Answer 30

Public school students have a reduced expectation of privacy compared to the general public.

Question 31

What types of employees can be subjected to random drug testing without violating the Fourth Amendment?

Answer 31

Railroad employees, US Customs employees, students participating in extracurricular activities.

Question 32

What level of suspicion is required for an investigatory stop?

Answer 32

Reasonable articulable suspicion.

Question 33

Describe the case of US v. Cortez and its significance in establishing standards for investigatory stops.

Answer 33

US v. Cortez established standards for reasonable suspicion in investigatory stops.

Question 34

What behavior can contribute to reasonable suspicion during an investigatory stop?

Answer 34

Nervous and evasive behavior, among other factors.