Deck 3: Searches and Seizures

Question 1

In what decade did SCOTUS replace the trespass doctrine with the reasonable expectation of privacy doctrine?

A)the 1960s
B)the 1970s
C)the 1950s
D)the 1980s

Answer 1

A

Question 2

The first part of a writ of assistance, where royal agents can search anyone, anywhere, anytime, is referred to as a _______________ warrant.

A)general
B)constitutional
C)privacy
D)specific

Answer 2

A

Question 3

General warrants, or writs of assistance, as they were known in Britain and in the American colonies:

A)gave officers blanket authority to completely search a particular shop or home.
B)found favor in the American colonies because they were more restrictive than a warrantless search.
C)gave the person with the writ authority to enter any house for the entire life of the monarch.
D)were repealed in the American colonies by the Stamp Act.

Answer 3

C

Question 4

In California v. Greenwood (1988), SCOTUS held that:

A)there is no reasonable expectation of privacy for the trash people place in the waste baskets located in their homes.
B)there is no reasonable expectation of privacy for the trash people place outside (in bags or cans)for pick-up on the front curbs of their homes.
C)there is never a reasonable expectation of privacy for trash.
D)there is no reasonable expectation of privacy for trash, unless people have shredded it.

Question 5

In what case did the Sixth Circuit U.S. Court of Appeals decide that the searches of a laptop computer, a cell phone, and a flash drive were private searches (searches conducted by private parties not associated with the government)? U.S. v. Miller (1976)

A)U.S. v. Lichtenberger (2015)
B)Illinois v. Caballes (2005)
C)U.S. v. White (1971)
D)U.S. v. Miller (1976)

Question 6

In what case did SCOTUS decide that attaching a GPS receiver and monitoring a Jeep Grand Cherokee was a Fourth Amendment search?

A)U.S. v. Jones (2012)
B)State v. Patino (2012)
C)U.S. v. Ganias (2014)
D)Illinois v. Caballes (2005)

Question 7

According to SCOTUS in Smith v. Maryland (1979), a person does not have a reasonable expectation of privacy in:

A)a personal diary.
B)telephone conversations.
C)the telephone numbers that the person dials.
D)the briefcase that the person carries in a public place.

Question 8

According to the SCOTUS opinion in U.S. v. White (1971), involving a friend wired for sound for the police:

A)a defendant has a constitutionally protected expectation that a person with whom he or she is conversing will not reveal the conversation to the police.
B)a person contemplating illegal activities must realize and risk that a friend might be reporting to the police.
C)a suspect's friend may relate the substance of conversations between the two without violating the Fourth Amendment, but the amendment is violated if the friend records those conversations for the police without a warrant.
D)a search warrant is required any time electronic devices are used to obtain evidence.

Question 9

What case resulted in the rule that a person's right to privacy outweighs their location?

A)Tennessee v. Garner
B)Mapp v. Ohio
C)Katz v. U.S.
D)Miranda v. Arizona

Question 10

SCOTUS has held that citizens, under certain circumstances, have no reasonable expectation of privacy in which of the following?

A)telephone conversations
B)bank records
C)private papers
D)letters given to the post office

Question 11

In what case did the Sixth Circuit U.S. Court of Appeals decide there is a reasonable expectation of privacy in private emails?

A)U.S. v. Warshak (2010)
B)Kyllo v. U.S. (2001)
C)U.S. v. White (1971)
D)U.S. v. Jones (2012)

Question 12

In which of the following places does the privacy doctrine apply?

A)overhearing a conversation on the street
B)opening a briefcase and looking inside
C)climbing over a backyard fence
D)standing in the street and looking into a living room through open curtains

Question 13

In Illinois v. Caballes (2005), SCOTUS ruled that:

A)drivers of automobiles have a reasonable expectation of privacy that protects them from the use of drug-sniffing dogs without a warrant.
B)​drug-sniffing dogs can only be used if there is reasonable suspicion the driver has narcotics
C)drug-sniffing dog searches are prone to many errors and are so intimidating that officials must have probable cause to use them
D)the use of well-trained drug-sniffing dogs to expose contraband items that would remain hidden in a routine traffic stop does not intrude on a driver's reasonable expectation of privacy, and the Fourth Amendment does not apply.

Question 14

Until 1967, SCOTUS defined searches mainly according to property law. According to the _______________, to qualify as a search, officers had to physically invade a "constitutionally protected area."

A)constitutionality doctrine
B)privacy doctrine
C)trespass doctrine
D)reasonable expectation of privacy doctrine

Question 15

What is the first question in the three main steps in Fourth Amendment analyses?

A)Was the law enforcement action a "search" or a "seizure"?
B)If the action was a search or a seizure, was it reasonable?
C)If the action was an unreasonable search, does the Fourth Amendment ban its use as evidence?
D)If the action was reasonable, can the evidence be used to impeach a witness?

Question 16

The privacy doctrine is an example of balancing the government's power to control crime and:

A)the individual's right to be let alone by the government.
B)law enforcement 's need to search for evidence.
C)judicial authority to grant search warrants.
D)the appellate authority of state courts.

Question 17

What is the third question in the three main steps in Fourth Amendment analyses?

A)If the action was a search or a seizure, was it reasonable?
B)Was the law enforcement action compliant with the Bill of Rights?
C)Was the law enforcement action a "search" or a "seizure"?
D)If the action was an unreasonable search, does the Fourth Amendment ban its use as evidence?

Question 18

In what case did SCOTUS rule that, in some circumstances, there is no right to privacy in bank records?

A)Illinois v. Caballes (2005)
B)U.S. v. Jones (2012)
C)U.S. v. Miller (1976)
D)State v. Patino (2012)

Question 19

What is needed to establish that government action is a search?

A)subjective privacy
B)subjective and objective privacy
C)objective privacy
D)government intent

Question 20

What is the second question in the three main steps in Fourth Amendment analyses?

A)How will the action affect the presentation of evidence?
B)If the action was a search or a seizure, was it reasonable?
C)If the action was an unreasonable search, does the Fourth Amendment ban its use as evidence?
D)Was the law enforcement action a "search" or a "seizure"?

Question 21

What doctrine did SCOTUS create in U.S. v. Jacobsen (1984)?

A)the private search doctrine
B)the reasonable expectation of privacy doctrine
C)private-search reconstruction doctrine
D)the trespass doctrine

Question 22

SCOTUS has held that citizens have a reasonable expectation of privacy in the telephone numbers they call.

Question 23

According to the privacy doctrine, the Fourth Amendment protects places, not persons.

Question 24

SCOTUS has not yet decided if searches of certain types of technology constitute Fourth Amendment searches. Which of the following has not been addressed by SCOTUS?

A)thermal imagers
B)GPS trackers
C)bank statements
D)texting

Question 25

According to SCOTUS, seizures of property occur when the government meaningfully interferes with an individual's:

A)possession of something.
B)home.
C)ability to move about.
D)bank accounts.

Question 26

An individual person's expectation of privacy is called:

A)subjective privacy.
B)objective privacy.
C)individual privacy.
D)constitutional privacy.

Question 27

The discovery of evidence by means of a law enforcement officer's ordinary senses in any place where the officer has a lawful right to be is not a search.

Question 28

In Kyllo v. U.S. (2001), SCOTUS ruled that the discovery and measurement of which of the following from a home was a Fourth Amendment search?

A)odor
B)light
C)noise
D)heat

Question 29

In practice, searches and seizures sometimes serve to protect police officers.

Question 30

What doctrine holds that, w henever we knowingly reveal our incriminating secrets, we assume the risk that our false friends will use them against us in criminal cases?

A)private-search reconstruction doctrine
B)private search doctrine
C)trespass doctrine
D)third-party doctrine

Question 31

In U.S. v. Galpin (2009), the court addresses the issue of reasonable expectation of privacy in computer files and compares a computer to which of the following?

A)a residence
B)a workplace
C)a hotel room
D)a car

Question 32

The case of State v. Patino (2012)resulted in what conclusion from SCOTUS regarding the right to privacy in text messages?

A)The right to privacy did not extend to the messages contained on another's phone.
B)The defendant had no right to privacy in personal text messages.
C)There is never a right to privacy in text messages.
D)The right to privacy never extends to text messages on the sending party's cell phone.

Question 33

Which of the following is one of the types of crime that searches and seizures were originally intended to combat?

A)murder
B)burglary
C)sedition
D)kidnapping

Question 34

The Fourth Amendment balances the government's power to control crime and:

A)the individual right of privacy.
B)the authority of police to protect citizens.
C)the ability to prevent acts of terrorism.
D)the individual right to protection from assault.

Question 35

The two-pronged test of privacy to determine whether a police action is actually a "search" is referred to as the:

A)subjective and objective privacy test.
B)moral and legal privacy test.
C)prosecutorial and defense privacy test.
D)habeas corpus and the corpus delicti test.

Question 36

Police used a thermal imager to scan Kyllo's home, because they had information that he was growing marijuana. Officers did not have a warrant and claimed the search was in plain view. SCOTUS ruled that:

A)the use of a thermal imager did not alter the fact that the officers observed the marijuana in plain view.
B)the use of a thermal imager to explore details of a home that, in the past, would have been unknown without a physical intrusion is a search and is subject to Fourth Amendment requirements.
C)thermal imagers are common devices and, therefore, the search was in plain view.
D)the use of a thermal imager is always illegal.

Question 37

The digital age has presented unique challenges for the Court in addressing which of the following?

A)the definition of "property"
B)reasonable expectation of privacy in text messages
C)reasonable expectation of privacy in emails
D)the definition of "property" and reasonable expectations in text messages and emails

Question 38

In Illinois v. Caballes (2005), SCOTUS held that what amendment did not apply to a drug-sniffing dog alerting on a car trunk?

A)the Fourth Amendment
B)the Fifth Amendment
C)the Sixth Amendment
D)the Fourteenth Amendment

Question 39

The Fourth Amendment only protects against invasions that amount to unreasonable searches and seizures.

Question 40

According to SCOTUS, which of the following are constitutionally protected areas?

A)garages
B)hotel rooms
C)stores
D)garages, hotel rooms, and stores

Question 41

SCOTUS created the two-prong evaluation of privacy expectations in Katz v. U.S. (1967).

Question 42

Installing and monitoring a GPS receiver is never a Fourth Amendment search.

Question 43

According to the SCOTUS opinion in California v. Greenwood , involving incriminating evidence found in the defendant's trash, citizens have a reasonable expectation of privacy in trash that has been put outside for collection.

Question 44

The Fourth Amendment protects against unreasonable searches and seizures by the _______________.

Question 45

SCOTUS has held that a citizen can have a reasonable expectation of privacy in telephone conversations.

Question 46

SCOTUS has ruled that searches of smartphones are Fourth Amendment searches.

Question 47

A search conducted by a private party is not a Fourth Amendment search.

Question 48

In U.S. v. Ganias (2014), a panel decided that the Fourth Amendment bans officials from executing a warrant for the seizure of particular data on a _______________ to seize and indefinitely retain every file for use in future criminal investigations.

Question 49

According to the _______________ _______________ doctrine, "the Fourth Amendment is not triggered when private parties not associated with the government conduct searches and they turn over what they found to the police" ( U.S. v. Jacobsen 1984).

Question 50

Searches and seizures were originally intended to combat two kinds of crime prominent in British and American colonial history: _______________ and _______________ _______________.

Question 51

_______________ is the right to be let alone by the government.

Question 52

A ccording to SCOTUS, _______________ of property occur when the government meaningfully interferes with an individual's possession of something.

Question 53

The rule that detection by means of the ordinary senses is not a Fourth Amendment search is known as the _______________ _______________ doctrine.

Question 54

In Kyllo v. U.S. (2001), SCOTUS ruled that the discovery and measurement of heat from a home by law enforcement, using a method not readily available to the public, is a Fourth Amendment search.

Question 55

According to SCOTUS , there is no reasonable expectation of privacy for information voluntarily conveyed to third parties.

Question 56

The concept that a search requires a physical invasion into a constitutionally protected area is called the _______________ doctrine.

Question 57

Some lower federal courts and state courts have decided that there is a reasonable expectation of privacy in _______________ and text messages.

Question 58

Even i f government actions don't infringe upon a reasonable expectation of privacy, the Fourth Amendment still applies.

Question 59

In the landmark case Katz v. U.S. (1967), SCOTUS expanded the trespass doctrine using the reasonable expectation of privacy doctrine.

Question 60

The right of citizens to come and go as they please is called _______________.

Question 61

Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.

Question 62

Discuss the three-step process used in Fourth Amendment analyses.

Question 63

In the Digital Age, SCOTUS faces a difficult task when deciding if searches by electronic surveillance violate the Fourth Amendment. Identify types of electronic surveillance that have been named as Fourth Amendment searches, and briefly explain the reasoning of the Court in making its decision.

Question 64

What is the third-party doctrine? Why is it important?

Question 65

Advanced technologies (such as thermal imagers, GPS trackers, email messages, and smartphones)present unique challenges related to the Fourth Amendment. Discuss challenges faced by courts regarding searches and advanced technology.