Themis Essay 5311

Question 1

The Fourth Amendment of the United States Constitution, which is applicable to the states through the

Answer 1

Fourteenth Amendment, prohibits unreasonable searches and seizures by government officials.

Question 2

An unreasonable search occurs when the government

Answer 2

(i) invades a place protected by a reasonable expectation of privacy, or (ii) physically intrudes upon a constitutionally protected area to gather information.

Question 3

A person may not search any place, thing, or person without

Answer 3

a properly issued warrant that reasonably describes the place to be searched and the items to be seized.

Question 4

An exception to the warrant requirement permits the seizure of an item found

Answer 4

in plain view even though not named in the search warrant.

Question 5

For the plain view exception to the warrant requirement to apply, a police officer may seize an item in plain view as long as

Answer 5

(i) the officer is lawfully on the premises, (ii) the incriminating character of the item is immediately apparent, and (iii) the officer has lawful access to the item.

Question 6

A search warrant grants officers the authority to

Answer 6

search only the places and persons named on it.

Question 7

Knowingly or intentionally possessing a prohibited object is

Answer 7

unlawful as long as the defendant exercises control over the object.

Question 8

Dominion and control over an object must exist for a period long enough to

Answer 8

have provided the defendant with an opportunity to cease dominion and control.

Question 9

In considering a motion to strike out all the Commonwealth’s evidence, all inferences that a jury might fairly draw from the Commonwealth’s evidence must be

Answer 9

drawn in its favor, unless those inferences would be strained, forced, or contrary to reason.

Question 10

The motion to strike out all the Commonwealth’s evidence should be granted if

Answer 10

the evidence is insufficient as a matter of law to sustain the conviction.