Search & Seizure Misc - Chapter 5

Question 1

May customs inspectors inspect incoming mail?

Answer 1

Yes, as long as randomly. No 4th amendment violation

Question 2

Is the FAA allowed to use metal detectors and X-ray machines? Are they violating the person’s 4th amendment rights?

Answer 2

Yes the FAA may use metal-detectors and X-ray machines. Not a violation of 4th amendment rights

Question 3

FAA employee searching a passenger. 4th amendment violation?

Answer 3

No, as long as search is within FAA scope. If search is outside of scope employee is acting as private person, so 4th amendment still not violated.

Question 4

May an officer enter a third person’s residence to arrest a suspect visiting the third party person, assuming the suspect has a valid arrest warrant?

Answer 4

Only with a valid search warrant.

Question 5

Does an innocent person have a reasonable expectation of privacy if they live with a probationer/parolee?

Answer 5

Yes to confined private spaces, no to shared areas of the residence

Question 6

Upon being booked, how many phone calls are arrested individuals allowed to have?

Answer 6

• 3 completed phone calls immediately upon being booked, unless impossible, within 3 hours after being arrested.
• If arrested person is a parent responsible for a minor, they are entitled 2 additional phone calls to arrange child care

Question 7

A three hour delay is required before booking what arrested individuals?

Answer 7

• The person has 1 or 2 outstanding warrants, and

- The warrants were FTA’s for parking citations, or traffic infractions.

Question 8

May an inmate’s telephone conversation with a priest be recorded?

Answer 8

Yes, no violation of federal wiretap act to intercept the conversation

Question 9

For an officer to perform wiretaps he must be certified by who?

Answer 9

• POST

- Attorney General

Question 10

What is the officer’s duty in regards to a private persons arrest

Answer 10

To “Receive” the arrest. The officer may then determine to arrest, cite & release, or 849b.

Question 11

The 4th amendment does what?

Answer 11

Prevents unreasonable searches and seizures by government employees.
- Private persons do not fall under 4th amendment. A private person may open a container to police, the police may then reopen the container without a warrant because the owner’s privacy has been negated

Question 12

Can mail be opened without a warrant?

Answer 12

No. Mail is protected under the 4th amendment. Need a search warrant to open mail.

Question 13

May the US Coast Guard exam, inspect, search, seize, and arrest people/vehicles?

Answer 13

Yes, so long as it is in waters over which the US has jurisdiction. May do so to prevent, detect, and suppress violations of laws of the USA.