The Fourth Amendment

Question 1

What does the Fourth Amendment prohibit?

Answer 1

unreasonable searches and seizures; requirement that there be a warrant.

Question 2

Seizure

Answer 2

any exercise of control by a government agent over a person or thing.

Question 3

When does probable cause exist?

Answer 3

when a reasonably prudent person would believe that a suspect has committed or is committing a crime.

Question 4

All arrests must be based on ________.

Answer 4

probable cause

Question 5

When are arrest warrants generally not needed?

Answer 5

when arresting someone in a public place.

Question 6

How does an unlawful arrest, by itself, impact a future criminal case?

Answer 6

it doesn’t

Question 7

What must the police have in order to perform a Terry Stop?

Answer 7

the police must have a reasonable suspicion supported by articulable facts.

Question 8

How is it determined that the police have a reasonable suspicion?

Answer 8

totality of the circumstances

Question 9

When does an informant’s tip suffice to create a reasonable suspicion?

Answer 9

when the tip has some indicia of reliability.

Question 10

When can the police stop a car?

Answer 10

when they have reasonable suspicion that a crime has been committed.

Question 11

Is a sniff from a dog a search?

Answer 11

No, unless the police extend the stop longer than is necessary to issue a ticket or conduct normal inquiries.

Question 12

A dog’s alerting to the presence of drugs in a vehicle is enough to establish . . .

Answer 12

probable cause

Question 13

Can the police use a drug-sniffing dog outside the home of a suspected drug dealer?

Answer 13

no, that is a search.

Question 14

A stop of an automobile constitutes a stop of what occupants?

Answer 14

all occupants in the vehicle including the driver.

Question 15

When is a police roadblock/checkpoint unconstitutional?

Answer 15

when it is put up for the sole purpose of getting incriminating information from drivers

Question 16

When may an officer ask occupants out of a car?

Answer 16

when the car is lawfully stopped.

Question 17

Is an officer’s ulterior motive behind stopping a car relevant for purposes of search and seizure?

Answer 17

only if the car was unlawfully stopped. If the officer had reasonable suspicion to pull the vehicle over, then the ulterior motive of the officer is irrelevant.

Question 18

What is considered government conduct in the context of search and seizure?

Answer 18

the publicly paid police (LAPD); private individuals acting at the direction of the publicly paid police; and privately paid police who are deputized with the power to arrest people (KU campus police).

Question 19

In order to object to a governmental search, one must have what?

Answer 19

standing to challenge the search

Question 20

When does one have standing to challenge a governmental search?

Answer 20

when one has a reasonable expectation of privacy in the item or place searched.

Question 21

When do you always have standing to challenge a governmental search?

Answer 21

when you own and/or live on the premises being searched. You need not own it if you live on it.

Question 22

Do overnight guests have standing to challenge a search of the place they are staying?

Answer 22

yes

Question 23

When do you have standing to challenge a search of personal property that is seized?

Answer 23

you must have a reasonable expectation of privacy in the seized property.

Question 24

In what things does someone never have a reasonable expectation of privacy in?

Answer 24

your voice; the style of your writing; the paint on the side of your car; account records at the bank; the location of your vehicle when on the public streets or your driveway; anything that can be seen across open fields; anything that can be seen from the public air space; odors emanating from one’s car or luggage; and the garbage set out on the curb for collection. Basically, anything you hold out to the public you have no reasonable expectation of privacy in.

Question 25

The installation of a GPS on one's car is a . . .

Answer 25

search

Question 26

For a search warrant to be valid, what must one have?

Answer 26

1) probable cause; and 2) particularity.

Question 27

What is the standard for one having probable cause to get a search warrant?

Answer 27

there must be a fair probability that contraband or evidence of a crime will be found in the area searched.

Question 28

What does particularity in the context of a search warrant mean?

Answer 28

the warrant must state with particularity the place to be searched and the things to be seized.

Question 29

Must a request for a search warrant be absolutely certain of what items are going to be in the place searched?

Answer 29

No. A warrant can be anticipatory; i.e. it can predict what the police expect to find, but the items need not be there at the time of the search.

Question 30

If an officer's affidavit or probable cause is based on informant information, its sufficiency is determined by . . .

Answer 30

the totality of the circumstances.

Question 31

When can an anonymous informant's information be used it getting a search warrant?

Answer 31

the affidavit can be *partially based on an anonymous informant's information, but not all of it.

Question 32

Who has the power to execute a warrant?

Answer 32

only the police, not private citizens.

Question 33

Can the police be accompanied by third parties when executing a search warrant?

Answer 33

Generally, no. However, those who are there to identify stolen property can accompany the police.

Question 34

The arrest of an individual must be ____________. If the arrest of someone was unlawful, then the search is unlawful.

Answer 34

lawful

Question 35

Can an arrest and a search take place at different times?

Answer 35

no, they must be contemporaneous.

Question 36

When someone is arrested, what can be searched?

Answer 36

the person and everything in their wingspan.

Question 37

When can the police search the interior of a vehicle incident to a lawful arrest?

Answer 37

only if 1) the arrestee is unsecured and still may gain access to the interior of the vehicle; or 2) the police reasonably believe that evidence of the offense *for which the person was arrested* may be found in the vehicle.

Question 38

Can the police search digital information contained in an arrested person's cell phone without a warrant?

Answer 38

No

Question 39

If before searching anyone/anywhere, the police have probable cause to believe that material used in a crime is in a vehicle, the police may search what parts of the car?

Answer 39

the entire car and all containers contained therein which could reasonably contain the items believed to be in the car.

Question 40

If criminal material other than the material sought in the search is found during the course of the search, is it admissible?

Answer 40

Only if it is found in a place where the material that was actually sought could also have been reasonably located. If you're searching for stolen TVs, and open an Altoids container and find drugs, the drugs won't be admissible, since a TV cannot reasonably be located in an Altoids tin.

Question 41

Can the probable cause to search a vehicle under the automobile exception arise after the vehicle has been stopped?

Answer 41

yes, so long as the vehicle was lawfully stopped.

Question 42

What must be present for there to be a valid plain view seizure?

Answer 42

1) the officers must be present at the location of the criminal material for legitimate reasons; and 2) it must be immediately apparent to the police upon their viewing the material that it is contraband.

Question 43

For consent to be valid, it must be __________.

Answer 43

voluntary.

Question 44

Where two or more people have an equal right to use a piece of property, who can consent to its being searched?

Answer 44

either of them

Question 45

Where two or more people have an equal right to use a piece of property, both are present, and one of them objects to the search, what result?

Answer 45

the one who objects to the search controls

Question 46

What is the result when a co-occupant of a dwelling is removed from the location for reasons other than the search, and the other co-occupant consents to the search?

Answer 46

the police can perform the search

Question 47

Anyone with _____________ can consent to a search by the police.

Answer 47

apparent authority

Question 48

What is a Terry frisk?

Answer 48

a pat down of the outer clothing and body to check for weapons or contraband.

Question 49

To perform a Terry frisk, officers must have . . .

Answer 49

reasonable suspicion that someone is armed and dangerous.

Question 50

When can an officer performing a Terry frisk reach into the suspect's clothes to remove an object the officer felt under the suspect's clothes?

Answer 50

only where the officer's plain feeling of the outer layer of clothes is reasonable to believe that the thing he felt was a weapon or contraband.

Question 51

Where an officer pulls over a vehicle, and has reasonable suspicion that a driver or passenger is armed and dangerous, the officer may do what?

Answer 51

the officer may perform a frisk; and search the vehicle so long as it is limited to places in which the weapon might be placed.

Question 52

What is evanescent evidence?

Answer 52

evidence which might disappear quickly if the police took the time to get a warrant.

Question 53

If it is practical to get a search warrant, must the police get one before taking a suspect's blood?

Answer 53

yes

Question 54

If it is not practical to get a search warrant before taking a suspect's blood due to the likelihood of the evidence disappearing before a warrant is obtained, may the police take the blood without a warrant?

Answer 54

yes

Question 55

What is the hot pursuit exception?

Answer 55

police in hot pursuit of a suspect can enter wherever the suspect goes without having to get a warrant.

Question 56

The hot pursuit exception will not apply if the police are more than ________ minutes behind a suspect.

Answer 56

15

Question 57

If the police are in hot pursuit of a suspect, and they enter into a residence in pursuit of the suspect, and discover evidence in plain view, is that evidence admissible in court?

Answer 57

yes, including against the stranger whose house the suspect ran through

Question 58

After a suspect has been arrested but before they are incarcerated, the police may search what?

Answer 58

1) an arrestee's personal belongings, and 2) the arrestee's vehicle.

Question 59

Does an officer need a warrant if there is an emergency which threatens the health or safety of the an individual or the public?

Answer 59

no

Question 60

When can public school kids be randomly drug tested?

Answer 60

when they participate in extracurriculars

Question 61

When can the school perform a warrantless search of a student's effects, including purses and backpacks?

Answer 61

when the school is investigating violations of school rules

Question 62

A school search of a student's effects will be reasonable if . . .

Answer 62

1) it offers a moderate chance of finding evidence of wrongdoing; 2) the measures adopted to carry out the search are reasonably related to the objectives of the search; and 3) the search is not excessively intrusive.

Question 63

It is permissible to perform a border search, including the opening of international mail, when what?

Answer 63

when there is a reasonable cause to believe that the mail contains contraband

Question 64

When do wiretaps and eavesdropping not need a warrant?

Answer 64

never. All wiretaps and eavesdropping requires a warrant.

Question 65

Unreliable Ear

Answer 65

you have no reasonable expectation of privacy in conversations you have with someone else; i.e. the government does not need a warrant to place a wire on someone.

Question 66

Uninvited Ear

Answer 66

a person has no reasonable expectation of privacy in conversations they do not attempt to make private.

Question 67

Any official act to obtain evidence which ____________________ is unconstitutional.

Answer 67

shocks the conscience.

Question 68

Does a defendant have a right to indictment by a grand jury in federal court?

Answer 68

yes

Question 69

Does a defendant have a right to indictment by a grand jury in state court?

Answer 69

no

Question 70

When does an officer's mistake of law not invalidate a seizure?

Answer 70

if the officer's mistake of law was reasonable.

Question 71

Do passengers in a legally stopped vehicle have standing to challenge the stop?

Answer 71

yes, because a legal stop of a vehicle is a seizure of all the occupants of a vehicle, not just the driver.

Question 72

If the police have probable cause to believe that a suspect has hidden drugs in his home, what can the police do?

Answer 72

the police can temporarily prevent the suspect from going into the home unaccompanied so they can prevent him from destroying drugs while they obtain a warrant.

Question 73

A valid search warrant of particular premises allows the police to temporarily detain whom on the premises?

Answer 73

everyone on the premises, not just the suspect.

Question 74

Is seizure of a person by subpoena for a grand jury appearance a seizure under the 4th Amendment?

Answer 74

no

Question 75

There is a fourth amendment seizure when a police officer uses _________ force to apprehend a suspect.

Answer 75

deadly

Question 76

When may an officer use reasonable force to apprehend a suspect?

Answer 76

only where it is reasonable under the circumstances

Question 77

Use of sense-enhancing technology that is not in _____________________ to obtain information from inside a suspect's home that could not otherwise be obtained without physical intrusion violates the suspect's expectation of privacy.

Answer 77

general public use

Question 78

A search warrant issued on the basis of an affidavit will be held invalid if the defendant establishes . . .

Answer 78

1) a false statement was included in the affidavit by the affiant; 2) the affiant intentionally or recklessly included the false statement; and 3) the false statement was material to the finding of PC.

Question 79

When can a warrant be issued to search the premises of a non-suspect?

Answer 79

when the warrant is based on probable cause and the police believe the evidence will be found there.

Question 80

When executing a search warrant, what procedure must the police follow?

Answer 80

the police must 1) knock on the door; 2) announce their purpose; and 3) wait a reasonable time for admittance.

Question 81

Will a violation of the knock and announce rule result in the exclusion of otherwise properly obtained evidence?

Answer 81

no

Question 82

Does a search warrant allow the police to search anyone present on the searched premises at the time of the search?

Answer 82

no, but anyone on the premises can be detained while the search is being done.

Question 83

Can officers executing a search warrant follow, stop, detain or search persons who left the place to be searched shortly before the warrant was executed?

Answer 83

no

Question 84

Detentions are limited to those people on the premises and who else?

Answer 84

those in the immediate vicinity of the premises to be searched at the time of the search.

Question 85

When executing a lawful arrest, in addition to searching the areas around where the suspect was arrested where weapons or other evidence could be, the police can also do what?

Answer 85

the police can make a protective sweep of the area if they believe accomplices may be present.

Question 86

Must the police have a warrant to perform a breath test while making an arrest for DUI?

Answer 86

No. Contemporaneous with an arrest for intoxicated driving, the police may administer a warrantless breath test to determine the arrestee's alcohol levels.

Question 87

When may officers take a suspect's DNA swab?

Answer 87

at the police station if the police have PC to hold the suspect for a serious offense.

Question 88

If the police have probable cause to believe that an automobile itself is contraband, what may the police do?

Answer 88

they may impound the vehicle without a warrant.

Question 89

Is knowledge of the right to withhold consent a prerequisite to a person giving consent to a search?

Answer 89

no. A person need not know that they have the power to withhold consent in order to give the police consent to search the premises.

Question 90

The police may enter a home without a warrant under ___________ circumstances.

Answer 90

exigent

Question 91

What is an example of exigent circumstances?

Answer 91

when a suspect is believed to be destroying evidence inside a home.

Question 92

Must administrative officials have a warrant to search the premises of residences or commercial buildings?

Answer 92

yes

Question 93

When will a warrant be issued for the search of a residence or commercial building by an administrative official or agency?

Answer 93

where the administrative agency can show a general and neutral enforcement plan.

Question 94

School officials need only ________________ for the search of students' belongings.

Answer 94

reasonable grounds

Question 95

Does the Fourth Amendment apply to United States officials performing searches and seizures in foreign countries?

Answer 95

no

Question 96

Roving patrols inside the USA border may stop a vehicle for questioning of occupants if an officer . . .

Answer 96

reasonably believes the vehicle contains illegal aliens.

Question 97

When may border officials stop a vehicle at a fixed checkpoint inside the border for questioning of occupants?

Answer 97

at any time. They need not have probable cause or even reasonable suspicion.

Question 98

When may border officials stop a vehicle at a fixed checkpoint inside the border and dismantle the vehicle?

Answer 98

at any time. They need not have probable cause or even reasonable suspicion.

Question 99

Can immigration officials perform a factory survey of the work force in a factory to determine the citizenship of each employee?

Answer 99

yes

Question 100

When can illegally obtained evidence be used in regards to immigration issues?

Answer 100

evidence obtained in violation of the Fourth Amendment can be used in a civil deportation hearing.

Question 101

When can secure a traveler they believe to be trafficking drugs?

Answer 101

when the officials have reasonable suspicion the person is trafficking drugs.