Deck 7: The Fourth Amendment: an Overview of Constitutional Searches and Seizures

Question 1

In Maslow's hierarchy of needs, which need comes right after the basic physical needs of food, clothing, and shelter?

A) love and companionship
B) security
C) freedom
D) laws and rules

Answer 1

B

Question 2

One method courts use to determine reasonableness is the bright-line approach, which:

A) considers the totality of circumstances in each individual case.
B) assigns points to each indicia of reasonableness.
C) compares a case to other similar cases.
D) considers a specific rule that applies to all cases.

Answer 2

D

Question 3

Which of the following would not prove exigent circumstances to justify entry by police without first announcing their presence and purpose?

A) A crime is in progress.
B) The residents have a prior criminal history.
C) Making the officers' presence known would endanger them.
D) Evidence would be destroyed.

Answer 3

B

Question 4

In regard to the Fourth Amendment, what was the significance of the case of United States v. Jacobsen (1984)?

A) It held that an employee of a private company opening and inspecting the contents of a package is not a violation of the Fourth Amendment.
B) It held that airline employees working for the FAA represent government employees and must obtain a warrant before searching public bags.
C) It held that warrantless searches are allowed in public schools due to a loss of the expectation of privacy in a public setting such as a school, park, or playground.
D) It held that computer technicians are not required to obtain a warrant before notifying law enforcement of possible illegal material found on the item they are repairing.

Question 5

The section of the Fourth Amendment that makes warrantless searches and seizures constitutional, if they are sensible, is the:

A) warrant clause.
B) probable cause clause.
C) reasonableness clause.
D) privacy clause.

Question 6

In United States v. Banks, the Court held that officers must wait a reasonable amount of time after knocking and before forcible entry, and that a wait of_______________seconds (in this case) satisfied the Fourth Amendment.

A) 5 to 10
B) 15 to 20
C) 30 to 60
D) 60 to 120

Question 7

What was the significance of the Supreme Court overturning the State Supreme Court's findings in Florida v. Harris (2013)?

A) The Court found that the use of properly trained K-9 units to detect drugs warrants probable cause when the dogs alert to drugs on a person or property.
B) The Court overturned the State Supreme Court's ruling, which was that public school administrators have the right to search student lockers because the lockers are school property and any expectation of privacy is thus ignored.
C) The Court found that the use of undercover informants is admissible in court as long as the informants have not been paid to provide evidence.
D) The Court overturned the State Supreme Court's ruling, which was that police officers may not use smell to assume probable cause when detecting the use of marijuana in public settings.

Question 8

Which factor, found in U.S. v. Di Re (1948), may contribute to the finding of probable cause?

A) association with other known criminals
B) running from the crime scene
C) an admission of guilt
D) providing false or implausible answers to police questions

Question 9

Which of the following is not one of the five categories of Maslow's Hierarchy of Needs?

A) social
B) physiological
C) self-actualization
D) attainment

Question 10

The most commonly used method to determine reasonableness is the case-by-case method, which:

A) considers the totality of circumstances in each individual case.
B) assigns points to each indicia of reasonableness.
C) compares a case to other similar cases.
D) considers a specific rule that applies to all cases.

Question 11

Concepts critical to understanding the Fourth Amendment include all of the following, except:

A) equability.
B) the reasonable expectation of privacy.
C) probable cause.
D) reasonableness.

Question 12

The landmark case of Terry v. Ohio is most known for including an explanation of:

A) stop and frisk.
B) the exclusionary rule.
C) imminent danger.
D) the fruit of the poisonous tree.

Question 13

Which of the following best describes the freedoms set forth by the Fourth Amendment?

A) freedom of speech
B) freedom from unreasonable search or seizure
C) freedom from cruel and unusual punishment
D) freedom to face one's accuser

Question 14

What level of proof is required for a Terry stop?

A) reasonable suspicion
B) a preponderance of the evidence
C) probable cause
D) No proof is required.

Question 15

All warrants are to be based on which concept associated with the Fourth Amendment?

A) equability
B) reasonable expectation of privacy
C) probable cause
D) reasonableness

Question 16

The exclusionary rule:

A) provides constitutional protections under the Fourth Amendment.
B) is a Congressionally created remedy.
C) was promulgated by the Senate.
D) safeguards rights through its deterrent effect.

Question 17

"Where the facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information is sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed" is the Supreme Court's definition of:

A) reasonable suspicion.
B) probable cause.
C) a preponderance of the evidence.
D) beyond a reasonable doubt.

Question 18

The almost limitless variations of contacts between the public and the police, illustrating how justification for police action increases as their reasons build for thinking criminal activity is afoot, is represented by the:

A) continuum of contacts.
B) fruit of the poisonous tree.
C) range of suspicion.
D) preponderance of evidence.

Question 19

In which case did the Court hold that the individual's flight at the sight of police was enough to provide reasonable suspicion for an investigatory stop?

A) Illinois v. Wardlow
B) Mapp v. Ohio
C) Terry v. Ohio
D) Weeks v. United States

Question 20

In Smith v. United States (1949), the Court defined which term as "The sum total of layers of information and the synthesis of what the police have heard, what they know, and what they observe as trained officers"?

A) reasonableness
B) probable cause
C) equability
D) reasonable expectation of privacy

Question 21

Although the intent of the Constitution is to prevent the government from intruding on people's lives when they have done nothing wrong, this freedom (as with all constitutional rights) is not absolute.

Question 22

The exception to the exclusionary rule that deems evidence admissible, even if seized in violation of the Fourth Amendment, when it can be shown that the evidence would have been discovered through lawful means is the:

A) harmless error doctrine.
B) good faith exception.
C) inevitable discovery doctrine.
D) independent source doctrine.

Question 23

The Constitution does not provide an absolute right to be free from government intrusion, only from unreasonable interference.

Question 24

Government agents who have probable cause for believing that evidence of a crime is located at a specific place or that an individual is involved in a crime must go before a neutral and detached magistrate and swear under oath as to who or what they are looking for and where they think it can be found.

Question 25

In Murray v. United States (1988), the Court held that evidence initially seen during an illegal search, but later recovered under a valid warrant, would be inadmissible because of the fruit of the poisonous tree doctrine.

Question 26

The Court has held that because a stop is considered an arrest, Miranda warnings must be given.

Question 27

If evidence that might otherwise fall victim to the exclusionary rule is obtained from a valid, independent source, that evidence can be admitted.

Question 28

In Rochin v. California, the Supreme Court held that searches that_______________are a violation of due process, and any evidence so obtained will, therefore, be inadmissible.

A) offend liberty
B) violate privacy
C) show a heedless disregard for civil rights
D) shock the conscience

Question 29

The exclusionary rule is by far the most frequently used means to address constitutional infractions by the government in criminal cases.

Question 30

In order to reduce the use of discretion by police officers and judges, the Supreme Court has developed a detailed formula for determining probable cause that universally fits all crimes.

Question 31

If a person is an employee of any governmental agency or is an agent of the government in any capacity, that person is bound by the Fourth Amendment.

Question 32

Deterring government misconduct is the primary purpose of the:

A) good faith exception.
B) exclusionary rule.
C) Supreme Court.
D) citizen review board.

Question 33

Which doctrine states that evidence obtained as a result of an earlier illegality must be excluded from trial?

A) prior taint
B) attenuation of the taint
C) fruit of the tainted seizure
D) fruit of the poisonous tree

Question 34

The Court devised the two-pronged test for using and gathering information from informants in Aguilar v. Texas (1964).

Question 35

The exclusionary rule applies in both criminal and civil trials in which a constitutional right has been violated.

Question 36

The Fourth Amendment restricts the actions of all U.S. citizens.

Question 37

In Illinois v. Wardlow (2000), a stop was held lawful because the suspect was in a high-crime area and fled upon seeing the police.

Question 38

The two basic source categories of probable cause are observational and informational.

Question 39

Instances in which police officers are not aware that they are violating Fourth Amendment principles involve an exception to the law referred to as:

A) the good faith doctrine.
B) the fruit of the poisonous tree.
C) shocking the conscience.
D) the innocence mind doctrine.

Question 40

The exclusionary rule goes back as far as 1886, when the Supreme Court held, in Boyd v. United States, that forced disclosure of papers evidencing a crime could not be admissible in court.

Question 41

The ________________ doctrine pertains to evidence obtained as a result of a previous constitutionally invalid activity and must be excluded from trial.

Question 42

In _____________________, the Court held that "The requirement of prior notice of authority and purpose before forcing entry into a home is deeply rooted in our heritage, and should not be given grudging application."

Question 43

The ________________________ is an exception to the exclusionary rule deeming evidence admissible, even if seized in violation of the Fourth Amendment, when it can be shown that the evidence would have been discovered through lawful means.

Question 44

A _________ is a brief detention of a person, based on specific and articulable facts, for the purpose of investigating suspicious activity.

Question 45

In the _______________ principle, a legal assessment is made based on the sum total of layers of information and the synthesis of what the police have heard, what they know, and what they observe as trained officers.

Question 46

A _____________ is the taking of contraband, evidence of a crime, or a person into custody by law enforcement, which is regulated by the Fourth Amendment.

Question 47

The_______________ method is most commonly used in the courts for determining the reasonableness of an action by considering the totality of circumstances in each case.

Question 48

The Civil Rights of Institutionalized Persons Act, 42 U.S.C. §1997, was passed in 1980, with the purposes of reducing acts of abuse and excessive use of force, and of correcting deplorable living conditions of inmates.

Question 49

The good faith exception does not extend to the execution of arrest warrants or search warrants if police officers are not aware that they are violating Fourth Amendment principles.

Question 50

The _________________ represents the almost limitless variations of interactions between the public and the police, and illustrates how justification for police action increases as their reasons build for thinking criminal activity is afoot.

Question 51

________________ exists when facts and circumstances are sufficient in themselves to warrant a person of reasonable caution to believe that an offense has been or is being committed.

Question 52

A ______________ is an examination of a person, place, or vehicle for contraband or evidence of a crime.

Question 53

The primary purpose of having a neutral magistrate is to remove from the police the responsibility of determining probable cause.

Question 54

Detective Klenowski and Detective Bell discover an illegal gambling racket occurring in a backroom apartment at a local bar. Because the illegal activity primarily happens at night, they ask the magistrate for a _________________ warrant.

Question 55

Actions described in clear, distinct statements are referred to as __________________.

Question 56

If a civil liability suit against the government is won, the plaintiff's lawyer's fees are paid by the defendant, making this avenue of litigation attractive for attorneys.

Question 57

One of the driving forces behind the Revolution was strong opposition to indiscriminate and baseless government searches and seizures, including ______________, which were used by revenue officers to search ships and other water vessels, as well as homes and businesses, for evidence of smuggled goods or goods on which taxes had not been paid.

Question 58

Until the 1960s, the Court used the ____________________ approach, viewing the Reasonableness Clause and the Warrant Clause as intertwined and firmly connected.

Question 59

If the police want to make an unannounced entrance because they fear evidence might be destroyed or officers might not be safe, they typically request a ___________________.

Question 60

The harmless error exception was first set forth by the Court in Chapman v. California (1967).

Question 61

U.S. society is prone to suing, making it known as a _________________ society, and the police are an attractive target because they wield power and are public employees.

Question 62

You are the chief of police in your community and are quite concerned about a recent spike in criminal misconduct in the east part of town. Community leaders are constantly calling your office to complain. You decide that you should have a strong police presence on the streets, and you direct your officers to walk the beat in the east part of town, rather than use patrol cars. You also direct your police officers to vigorously try to prevent crime by acting proactively, stopping individuals who seem out of place or apprehensive when they see police officers. As a result, many of these contacts have resulted in stop-and-frisk activities by the police, and crime has dropped significantly in the east part of town. However, now you're getting calls from citizens in the east asking why a disproportionate number of minorities are being stopped and frisked by the police. You have decided to meet with the community leaders to answer this latest concern. What will you tell them?

Question 63

You are a legislator and have been reading in the paper about a notorious crime in the capital city. The defendant was acquitted of murder charges, because her confession was determined inadmissible at trial due to a violation of the her rights. Like everyone else in the state, you are very angry about what has happened. You understand the exclusionary rule, but you feel that it simply goes too far and has let a terrible murderer free to walk the streets. You have decided to come up with a state law to address this issue and make sure that this will never happen again. Explain the nature of a state law that would address this issue, justify its use rather than the exclusionary rule, and discuss any possible negative consequences that may result from its use.

Question 64

Describe two exceptions to the exclusionary rule. Use case law to further illustrate your point.

Question 65

Select any two of the Supreme Court cases discussed in the text-one relevant to the exclusionary rule and one relevant to the good faith exception-and describe the similarities and differences in the Court's opinion in relation to the Fourth Amendment.

Question 66

Instances in which police officers are not aware that they are violating Fourth Amendment principles may result in the use of the __________________ exception for the Court to allow the evidence.

Question 67

A __________________ is not judicially enforced but does have an appointed monitor who makes quarterly reports.

Question 68

Explain reasonable suspicion.

Question 69

Explain the law of stop and frisk, and why it is needed.

Question 70

A _______________ is a court-enforced agreement with oversight provided by a federal judge.

Question 71

In instances in which the preponderance of evidence suggests the defendant's guilt and tainted evidence is not critical to proving the case against the defendant, the _____________applies.

Question 72

The Fourth Amendment contains two clauses of importance to search-and-seizure issues. List the two clauses and describe their relevance.

Question 73

Explain informational and observational probable cause.

Question 74

Discuss the exclusionary rule.

Question 75

Explain what is meant by "the continuum of contacts."