Deck 4: Obtaining Evidence and the Fourth Amendment

Question 1

The Fourth Amendment contains the "reasonableness clause," which proscribes

A) unreasonable searches and seizures.
B) no warrant shall issue but on probable cause.
C) supported by oath or affirmation.
D) descriptions of the place to be searched or the person to be seized.

Answer 1

A

Question 2

There are situations where warrants are always required; one is

A) use of airport metal detectors.
B) arrests in a home absent exigent circumstances.
C) any arrest where the penalty is six months or more in jail or prison.
D) a vehicle search.

Answer 2

B

Question 3

The Fourth Amendment protects "persons, houses, papers, and effects" from unreasonable searches and seizures. The term "person" describes

A) individual people, whether citizens or not.
B) the individual as a whole, both internal and external.
C) oral communications.
D) all of the above
E) both a and b

Answer 3

D

Question 4

The Fourth Amendment protects "persons, houses, papers, and effects" from unreasonable searches and seizures. Examples of "papers" could be

A) briefcase.
B) clothing.
C) memos.
D) all of the above

Question 5

The Fourth Amendment protects "persons, houses, papers, and effects" from unreasonable searches and seizures. Examples of "effects" could be

A) cars.
B) memos.
C) diaries.
D) of the above
E) both a and c

Question 6

An example of an "institutional agent" is

A) banker.
B) police officer.
C) detective.
D) school resource officer.
E) all of the above

Question 7

In which of the following cases did the Supreme Court rule that searches should be evaluated based upon expectations of privacy rather than property interests?

A) Katz v. United States
B) California v. Greenwood
C) Smith v. Maryland
D) Hoffa v. United States

Question 8

The Supreme Court declared that a person does not have a reasonable expectation of privacy in phone numbers he or she dials in

A) Katz v. United States.
B) California v. Greenwood.
C) Smith v. Maryland.
D) Hoffa v. United States.

Question 9

This Supreme Court ruling has justified the collection of additional forms of physical evidence, including locks of hair, voice exemplars, and fingerprints.

A) Katz v. United States
B) Smith v. Maryland
C) Cupp v. Murphy
D) United States v. Dionisio

Question 10

Physical characteristics that are protected by the Fourth Amendment include

A) blood.
B) sound of a voice.
C) breath analysis.
D) both a and c
E) a, b, and c

Question 11

A "fly-over" is analogous to a search of

A) curtilage.
B) open fields.
C) the home.
D) all of the above

Question 12

Lawful vantage points include

A) sidewalks.
B) streets.
C) inside the curtilage of a home.
D) both a and b
E) a, b, and c

Question 13

Devices that enhance the senses but are not generally considered a search include

A) satellites.
B) thermal imagery.
C) high-powered flashlights.
D) none of the above

Question 14

In which of the following cases did the Supreme Court not allow the use of thermal imaging to look inside a home?

A) United States v. Dunn
B) United States v. Taborda
C) United States v. Knotts
D) Kyllo v. United States

Question 15

In which of the following cases did the Supreme Court allow federal agents to put a tracking device into a container?

A) United States v. Dunn
B) United States v. Taborda
C) United States v. Knotts
D) Kyllo v. United States

Question 16

Which of the following is not a justification for a search or an arrest?

A) probable cause
B) reasonable suspicion
C) administrative justification
D) reasonable doubt

Question 17

Which of the following is characterized by a more than 50 percent certainty of guilt?

A) probable cause
B) reasonable suspicion
C) administrative justification
D) reasonable doubt

Question 18

Which of the following would allow a police officer to stop an automobile but not to immediately arrest the occupant?

A) probable cause
B) reasonable suspicion
C) administrative justification
D) reasonable doubt

Question 19

In which case did the Supreme Court first establish the justification known as "reasonable suspicion"?

A) Katz v. United States
B) Veronia School District v. Acton
C) Terry v. Ohio
D) United States v. Sokolow

Question 20

A search of an apartment complex conducted by a health code inspector would typically be based on

A) probable cause.
B) reasonable suspicion.
C) administrative justification.
D) reasonable doubt.

Question 21

An inventory search of seized automobiles would be typically based on

A) probable cause.
B) reasonable suspicion.
C) administrative justification.
D) reasonable doubt.

Question 22

In which case did the Supreme Court allow random drug testing of high school athletes?

A) Katz v. United States
B) Veronia School District v. Acton
C) Terry v. Ohio
D) United States v. Sokolow

Question 23

Which of the following is not true of administrative searches?

A) They must conform to established procedures.
B) They must be based on probable cause.
C) They cannot be geared toward the discovery of criminal evidence.
D) They cannot be used as a pretext for a full-blown search.

Question 24

Which of the following is not true of search warrants?

A) They must be issued by a neutral and detached magistrate.
B) They must be based upon probable cause.
C) They must list the place to be searched and the items to be seized.
D) They must include the date of the search.

Question 25

The Fourth Amendment contains two basic clauses:

A) the reasonableness clause and the warrant clause.
B) the warrant clause and the probable cause.
C) the evidence clause and the reasonableness clause.
D) the warrant clause and the evidence clause.

Question 26

This interpretation of the warrant clause says there must be a warrant to permit search, barring only inherent limitations upon that requirement when there is a good excuse for not getting a search warrant.

A) the "warrant requirement" interpretation
B) the "warrant preference" interpretation
C) the "warrantless requirement" interpretation
D) the "warrantless preference" interpretation

Question 27

This interpretation of the warrant clause says warrants should always be secured whenever it is practical to do so.

A) the "warrantless preference" interpretation
B) the "warrant preference" interpretation
C) the "warrantless requirement" interpretation
D) the "warrant requirement" interpretation

Question 28

Which one of the following is the best example of an individual's "effects"?

A) person
B) house
C) curtilage
D) clothing

Question 29

Which one of the following is not an example of an individual's "papers"?

A) records
B) luggage
C) diaries
D) memos

Question 30

The Fourth Amendment protects __________ from unreasonable searches and seizures.

A) persons
B) houses
C) papers
D) effects
E) all of the above

Question 31

What is the only justification mentioned in the Fourth Amendment?

A) unreasonable search
B) probable cause
C) unreasonable seizure
D) beyond a reasonable doubt

Question 32

A __________when the activity in question is not a product of government action and does not infringe upon a person's reasonable expectation of privacy.

A) search
B) stop
C) nonsearch
D) frisk

Question 33

In this case, the Supreme Court declared that searches by regulatory officials conducting health and safety inspections can be considered governmental actions.

A) Camara v. Municipal Court
B) Coolidge v. New Hampshire
C) Katz v. United States
D) Vale v. Louisiana

Question 34

This court case ruled that the conversation that took place between the defendant in the case and a government official did not qualify as an unlawful search as the defendant was knowingly and voluntarily in the official's suite.

A) Hoffa v. United States (1966)
B) United States v. Miller
C) Skinner v. Railway Labor Executives' Association
D) Schmerber v. California

Question 35

Which of the following is not a factor in distinguishing between open fields and curtilage?

A) the proximity of the area to the house
B) whether the area is surrounded by a fence or other enclosure
C) the size of the land in question
D) the steps taken by the property owner to protect the area from observation

Question 36

Which court case established the four separate factors of distinguishing between open fields and curtilage as a result of police climbing over several fences where they looked inside the defendant's barn?

A) California v. Ciraolo
B) Florida v. Riley
C) United States v. Taborda
D) United States v. Dunn

Question 37

Which one of the following can one not expect to have a reasonable expectation of privacy?

A) in the curtilage of one's residence
B) in abandoned cars, containers, and other items
C) in one's residence
D) in a private place of employment

Question 38

The term "seizure" has a dual meaning. What are they?

A) (i) the fruits of searches that are seized and (ii) the seizures of persons
B) (i) the motive of the seizure and (ii) the seizures of persons
C) (i) the fruits of searches that are seized and (ii) the motive of the seizure
D) (i) the motive of the search and (ii) the motive of the persons seized

Question 39

Which one of the following is not a part of the three varieties of information that is given by informants?

A) unknown
B) known
C) confidential
D) anonymous

Question 40

____ Literally millions of pages of text are devoted to the interpretation of the Fourth Amendment.

Question 41

____ The Supreme Court has adopted a more liberal stance in the past three decades than it did during the 1960s.

Question 42

____ Interpretation of the warrant clause in the Fourth Amendment addresses the meaning of "reasonableness."

Question 43

____ All police actions are bound by the Fourth Amendment.

Question 44

____ The Fourth Amendment is blanket protection against any form of law enforcement activity.

Question 45

____ A hotel room is considered a house for purposes of the Fourth Amendment.

Question 46

____ Seizures are always limited to tangible evidence.

Question 47

____ The only justification mentioned in the Fourth Amendment is probable cause.

Question 48

____ If a private party looks for evidence, it is not considered a search within the meaning of the Fourth Amendment.

Question 49

____ Generally, a private party cannot turn evidence over to authorities without such action being considered a search.

Question 50

____ Courts rarely look at individuals' subjective expectation of privacy, opting instead to focus on a more general societal expectation of privacy.

Question 51

____ People always enjoy a reasonable expectation of privacy in their homes.

Question 52

____ Private property can be considered an "open field."

Question 53

____ Persons traveling in an automobile on public thoroughfares have a reasonable expectation of privacy in their movements from one place to another

Question 54

____ Generally, the use of a device that enhances the senses, instead of replaces the senses, is not considered a search.

Question 55

____ A seizure is the act of physically grasping something.

Question 56

____ A piece of property is seized within the meaning of the Fourth Amendment if the police remove it from a person's actual or constructive possession.

Question 57

____ Justification is pre-Fourth Amendment in nature.

Question 58

____ The only standard of justification mentioned in the Fourth Amendment is reasonable doubt.

Question 59

____ Probable cause to search always creates probable cause to arrest.

Question 60

____ A clear-cut case for probable cause being created by an officer's first-hand knowledge occurs when a person commits a crime in the officer's presence.

Question 61

____ When a police officer pulls a motorist over for a traffic violation, probable cause is not required because such a stop is not considered an arrest or search.

Question 62

____ Unprovoked flight can arouse the justification of reasonable suspicion.

Question 63

____ Administrative justification is not justification at all.

Question 64

____ The Supreme Court has stated that people who conduct business in highly regulated environments do not enjoy the same expectation of privacy as ordinary citizens.

Question 65

____ When people voluntarily convey or provide material to third parties (institutions or otherwise), they do not have a reasonable expectation of privacy.

Question 66

____ Proof beyond a reasonable doubt is approximately 50 percent certainty.

Question 67

____ A hunch is 0 percent certainty.

Question 68

____ One of the first cases to recognize administrative justification was Camara v. Municipal Court (1967).

Question 69

____ Administrative justification requires probable cause but not reasonable suspicion.

Question 70

____ Proof beyond a reasonable doubt is approximately 99 percent certainty.

Question 71

____ Privacy is usually not enjoyed in a private place of employment.

Question 72

____ Thermal imaging is said to enhance the senses; therefore, the use of such technology would not constitute a search.

Question 73

____ Katz v. United States (1967) was about the use of listening devices in a phone booth that was being monitored by federal agents.

Question 74

When people say that the Constitution is a "living document," what do they mean?

Question 75

When does a private individual become a governmental actor?

Question 76

What is the main issue with the use of drug dogs?

Question 77

What is constructive possession?

Question 78

What did the Supreme Court mean by a "prudent man"?