Understanding Search And Seizure

Question 1

Search

Answer 1

Any action by a government to find evidence of criminal activity

Question 2

Seizure

Answer 2

Occurs when authorities keep something, such as and object or person, within the meaning of the 4th Amendment

Question 3

A person is seized when

Answer 3

His or her movements are restricted

Question 4

If you believe you can leave

Answer 4

You have not been seized

Question 5

4th Amendment

Answer 5

No warrant shall issue, but upon probable cause

Question 6

To obtain a warrant there must be

Answer 6

Probable cause

Question 7

Warrant

Answer 7

Court order to search for something or seize something

Question 8

Probable cause

Answer 8

A good reason to believe that the search will produce evidence of a crime

Question 9

Nowhere in the 4th amendment says

Answer 9

A warrant is required for every instance of government search, seizure and arrest

Question 10

This is needed to look inside of something

Answer 10

A search warrant

Question 11

A warrant has to be

Answer 11

Specific

Question 12

Warrant not required

Answer 12

Plain view doctrine

Question 13

If an object is in plain view. Law assumed owner does not consider it private

Answer 13

Plain view doctrine

Question 14

Specific warrants

Answer 14

Police have a warrant to search a home m for stolen computer. Sees illegal drugs, the homeowner can not be seized because the warrant is specifically for the computers

Question 15

The 4th amendment protects

Answer 15

People not just places

Question 16

Highest expectation of privacy is a

Answer 16

Person’s home

Question 17

Terry v Ohio 1968: court ruled that police could stop people who seem to be acting suspiciously and pay them down for weapons. Neither a warrant nor even probable cause is need to start what is now known as a

Answer 17

Terry stop

Question 18

Police can pat down people acting suspiciously

Answer 18

Terry stop

Question 19

Court decided that anyone who flees seeing the cops can be

Answer 19

Stopped and searched

Question 20

Special needs test

Answer 20

The standard to which a search of a persons body is considered reasonable under the 4th amendment

Question 21

Intrusive searches are

Answer 21

Permissive or not permissible under the special needs test

Question 22

Strip search of a prisoner in

Answer 22

Permissible

Question 23

Fingerprinting an arrested individual

Answer 23

Permissible

Question 24

Taking blood or a DNA sample

Answer 24

Varies

Question 25

Drug testing

Answer 25

Considered intrusive

Question 26

Students rights may be restricted in order to

Answer 26

Preserve proper learning environments

Question 27

Ruled probable cause was not needed for school to search students as long as search was

Answer 27

Reasonable

Question 28

Suspected Katz was using phones illegally so they bugged his local public phone

Answer 28

Katz v US 1967

Question 29

What amendment was Katz entitled to

Answer 29

4th Amendment

Question 30

After 9/11 what act was introduced

Answer 30

Patriot Act

Question 31

This act relaxed privacy protections and controls on searches and seizures. Allows government agencies to search a variety of information

Answer 31

Patriot Act

Question 32

Example of the Patriot Act

Answer 32

FBI can require phone companies, Internet services, etc. to overturn a variety of info

Question 33

Does the patriot act require a warrant?

Answer 33

No

Question 34

Example of plain view doctrine

Answer 34

If someone is driving with an open container of alcohol in their car, the officer can see the liquor and stop the driver without having to get a warrant.