Deck 4: Search and Seizure and the Doctrine of Justification

Question 1

The passage of the _____________ in 1215 signaled the beginning of an evolutionary process, the product of which was the due process of law.

A) Sacra Romana Rota
B) Magna Carta
C) Doctrine of Stare Decisis
D) Code of Hammurabi

Answer 1

Magna Carta

Question 2

For American citizens, the protection from unlawful detainment, inquiry, and search resides firmly within the:

A) Second Amendment
B) Third Amendment
C) Fourth Amendment
D) Sixth Amendment

Answer 2

Fourth Amendment

Question 3

What is considered to be the lowest of all legal standards of evidence?

A) Probable cause
B) Reasonable suspicion
C) Reasonable doubt
D) None of the above

Answer 3

Reasonable suspicion

Question 4

What is the highest legal standard which demonstrates a finding of guilt or proof by tiers of fact in a criminal proceeding?

A) Probable cause
B) Reasonable suspicion
C) Beyond a reasonable doubt
D) None of the above

Question 5

What court case is illustrative of the strict interpretation of the 4^th Amendment?

A) Olmstead v. U.S.
B) Brinegar v U.S.
C) Draper v. U.S.
D) Illinois v. Gates

Question 6

Public employees are bound by rulings articulated in Ortega that specifically evaluates:

A) Whether the employee's expectation of privacy was consistent with the operational realities of the workplace (i.e. the exclusivity of the workspace, accessibility to workplace by others, nature of employee's duties, knowledge of search procedures or practices, and reason for search.
B) Whether the invasion of the employee's Fourth Amendment protections was reasonable when balanced against governmental interest in the intrusion (reasonable suspicion is sufficient in the investigations involving work-related employee misconduct.
C) Whether the search was reasonable at inception and was the subsequent scope of the search related to the original justification of the search.
D) All of the above.

Question 7

Which Amendment imposing limitation upon governmental abridgment of freedom to associate and privacy in one's association?

A) First Amendment
B) Second Amendment
C) Third Amendment
D) Fourth Amendment

Question 8

Which Amendment prohibits the nonconsensual peacetime quartering of soldiers?

A) First Amendment
B) Third Amendment
C) Eighth Amendment
D) Fourteenth Amendment

Question 9

This is a legal directive issued by a magistrate or judge giving law enforcement officers to conduct arrests, seizures, or searches of persons or specified items at a particular time and location.

A) Writ of centori
B) Warrant
C) Writ of habeas corpus
D) Mens rea

Question 10

Search warrants can only be issued by a _____________ upon showing of probable cause.

A) Prosecutor
B) Public Defender
C) Judge or magistrate
D) Only a judge

Question 11

The Supreme Court has consistently evaluated standards of probable cause. The initial standard was the:

A) Aguilar-Spinelli test
B) Standards of Probable Cause
C) Totality of the Circumstances Test
D) None of the above

Question 12

Which of the following court case set forth the standard of Totality of the Circumstances Test?

A) Olmstead v. U.S.
B) Brinegar v. U.S.
C) Draper v. U.S.
D) Illinois v. Gates

Question 13

Probable cause is established through the evaluation of how many sets of facts?

A) Two
B) Three
C) Four
D) Five

Question 14

Which Court case noted that "the particularity requirement's purpose is not limited to preventing general searches; it also assures the individual whose property is searched and seized of the executing officer's legal authority, his need to search, and the limits of his power to do so"?

A) Olmstead v. U.S.
B) Groh v. Ramirez
C) Draper v. U.S.
D) Illinois v. Gates

Question 15

Which type of search warrant is extremely unique in that they are issued prior to the arrival of the evidence in a particular location?

A) Sneak and peak
B) No knock
C) Anticipatory
D) Nighttime

Question 16

Which type of search warrant is issued in a variety of situations in which law enforcement officers gain surreptitious entry into premises or areas where a reasonable expectation of privacy exists, including, but not limited to, residences, offices, and the like.

A) Sneak and peak
B) No knock
C) Anticipatory
D) Nighttime

Question 17

Which type of search warrant may be issued if demonstration is made of the potentiality of circumvention of justice or threat to human life exists?

A) Sneak and peak
B) No knock
C) Anticipatory
D) Nighttime

Question 18

Which Court case noted that "A search warrant could be served at any time of the day or night so long as the issuing officer was "satisfied that there is probable cause to believe that the grounds for the application exist…?"

A) Sneak and peak
B) No knock
C) Anticipatory
D) Nighttime

Question 19

The passage of the Magna Carta in 1215 signaled the beginning of an evolutionary process, the product of which was the due process of law.

Question 20

For American citizens, the protection from unlawful detainment, inquiry, and searches resides firmly within the First Amendment.

Question 21

Probable cause may be defined as that standard or amount of evidence necessary to affect the arrest of an individual or that induces the belief in the minds of a reasonable officer that the accused probably committed a crime.

Question 22

Reasonable suspicion is the highest of all legal standards of evidence.

Question 23

Probable cause is situated between reasonable suspicion and beyond a reasonable doubt.

Question 24

The Supreme Court has declared the practice of field interrogation as unconstitutional.

Question 25

The term beyond reasonable doubt refers to the legal standard by which a determination of guilt is established by the trier or fact.

Question 26

The expectation of our right to privacy is a value embraced by Americans from young to old.

Question 27

The case of Carroll v. United States is illustrative of the strict interpretation of the 4^th Amendment.

Question 28

Not all federal, state, and domestic wiretaps require a court order predicated on probable cause.

Question 29

An unalienable right to privacy is not specifically articulated in the Constitution, and case law reveals that the Court has not generalized a constitutional right to privacy, noting that other provisions of the Constitution protect privacy from other forms of governmental invasion.

Question 30

All warrants are required to identify with specificity and particularity the place to be searched, the items to be seized, and the criminal behavior in question.

Question 31

According to vicinage, warrants may be issued only by judicial officials who bear authority over the location in question.

Question 32

Anticipatory search warrants are issued in a variety of situations in which law enforcement officers gain surreptitious entry into premises or areas where a reasonable expectation of privacy exists, including, but not limited to, residences, offices, and the like.

Question 33

Police may obtain a no-knock warrant if demonstration is made of the potentiality of circumvention of justice or threat to human life exists.

Question 34

The passage of the Magna __________ in 1215 signaled the beginning of an evolutionary process, the product of which was the due process of law.

Question 35

Probable cause may be defined as that standard or amount of evidence necessary to affect the arrest of an individual or that induces the belief in the minds of a _________ officer that the accused probably committed a crime.

Question 36

Reasonable ____________ is the lowest of all legal standards of evidence.

Question 37

Beyond a reasonable doubt is a legal standard by which a determination of guilt is established by the trier of ____________.

Question 38

The case of Olmstead v. U.S.in 1928 is illustrative of the strict interpretation of the ___________ Amendment.

Question 39

The expectation of the right to ______________ is a value embraced by Americans from young to old.

Question 40

The 4^th ______________ specifically provides that no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized.

Question 41

______________ search warrants are extremely unique in that they are issued prior to the arrival of the evidence in a particular location.

Question 42

____________ search warrants are the exception rather than the rule.

Question 43

Field interrogations, incident to arrest, consent, plain view, automobiles, and exigent circumstances use __________ searches.

Question 44

Match up the terminology to the definitions :

-Katz v. United States

A) In dealing with probable cause, you deal with probabilities and they are technical, factual, and practical.
B) Court upheld the search of a student's purse by a high school principle.
C) Although later overturned, in this case it was originally ruled there was a difference between searches that involved a physical trespass of a private residence and those that did not.
D) Standardized the concept of beyond a reasonable doubt.
E) Searches conducted outside the judicial process are unreasonable except under specifically established exceptions.
F) Established reasonable suspicion a standard that is less than probable cause but one sufficient to authorize an investigative detention.
G) Set forth the more flexible standard of the totality of the circumstance.
H) Evaluates employee's expectation of privacy in the workplace balancing between operational realities and governmental interest.
I) Warrants are particular and limited so unrelated items remain immune from search and seizure.
J) Upheld the use of confidential informants.

Question 45

Match up the terminology to the definitions :

-In re Winship

A) In dealing with probable cause, you deal with probabilities and they are technical, factual, and practical.
B) Court upheld the search of a student's purse by a high school principle.
C) Although later overturned, in this case it was originally ruled there was a difference between searches that involved a physical trespass of a private residence and those that did not.
D) Standardized the concept of beyond a reasonable doubt.
E) Searches conducted outside the judicial process are unreasonable except under specifically established exceptions.
F) Established reasonable suspicion a standard that is less than probable cause but one sufficient to authorize an investigative detention.
G) Set forth the more flexible standard of the totality of the circumstance.
H) Evaluates employee's expectation of privacy in the workplace balancing between operational realities and governmental interest.
I) Warrants are particular and limited so unrelated items remain immune from search and seizure.
J) Upheld the use of confidential informants.

Question 46

Match up the terminology to the definitions :

-Terry v. Ohio

A) In dealing with probable cause, you deal with probabilities and they are technical, factual, and practical.
B) Court upheld the search of a student's purse by a high school principle.
C) Although later overturned, in this case it was originally ruled there was a difference between searches that involved a physical trespass of a private residence and those that did not.
D) Standardized the concept of beyond a reasonable doubt.
E) Searches conducted outside the judicial process are unreasonable except under specifically established exceptions.
F) Established reasonable suspicion a standard that is less than probable cause but one sufficient to authorize an investigative detention.
G) Set forth the more flexible standard of the totality of the circumstance.
H) Evaluates employee's expectation of privacy in the workplace balancing between operational realities and governmental interest.
I) Warrants are particular and limited so unrelated items remain immune from search and seizure.
J) Upheld the use of confidential informants.

Question 47

Match up the terminology to the definitions :

-New Jersey v. T.L.O

A) In dealing with probable cause, you deal with probabilities and they are technical, factual, and practical.
B) Court upheld the search of a student's purse by a high school principle.
C) Although later overturned, in this case it was originally ruled there was a difference between searches that involved a physical trespass of a private residence and those that did not.
D) Standardized the concept of beyond a reasonable doubt.
E) Searches conducted outside the judicial process are unreasonable except under specifically established exceptions.
F) Established reasonable suspicion a standard that is less than probable cause but one sufficient to authorize an investigative detention.
G) Set forth the more flexible standard of the totality of the circumstance.
H) Evaluates employee's expectation of privacy in the workplace balancing between operational realities and governmental interest.
I) Warrants are particular and limited so unrelated items remain immune from search and seizure.
J) Upheld the use of confidential informants.

Question 48

Match up the terminology to the definitions :

-Illinois v. Gates

A) In dealing with probable cause, you deal with probabilities and they are technical, factual, and practical.
B) Court upheld the search of a student's purse by a high school principle.
C) Although later overturned, in this case it was originally ruled there was a difference between searches that involved a physical trespass of a private residence and those that did not.
D) Standardized the concept of beyond a reasonable doubt.
E) Searches conducted outside the judicial process are unreasonable except under specifically established exceptions.
F) Established reasonable suspicion a standard that is less than probable cause but one sufficient to authorize an investigative detention.
G) Set forth the more flexible standard of the totality of the circumstance.
H) Evaluates employee's expectation of privacy in the workplace balancing between operational realities and governmental interest.
I) Warrants are particular and limited so unrelated items remain immune from search and seizure.
J) Upheld the use of confidential informants.

Question 49

Match up the terminology to the definitions :

-Brinegar v. United States

A) In dealing with probable cause, you deal with probabilities and they are technical, factual, and practical.
B) Court upheld the search of a student's purse by a high school principle.
C) Although later overturned, in this case it was originally ruled there was a difference between searches that involved a physical trespass of a private residence and those that did not.
D) Standardized the concept of beyond a reasonable doubt.
E) Searches conducted outside the judicial process are unreasonable except under specifically established exceptions.
F) Established reasonable suspicion a standard that is less than probable cause but one sufficient to authorize an investigative detention.
G) Set forth the more flexible standard of the totality of the circumstance.
H) Evaluates employee's expectation of privacy in the workplace balancing between operational realities and governmental interest.
I) Warrants are particular and limited so unrelated items remain immune from search and seizure.
J) Upheld the use of confidential informants.

Question 50

Match up the terminology to the definitions :

-O'Connor v. Ortega

A) In dealing with probable cause, you deal with probabilities and they are technical, factual, and practical.
B) Court upheld the search of a student's purse by a high school principle.
C) Although later overturned, in this case it was originally ruled there was a difference between searches that involved a physical trespass of a private residence and those that did not.
D) Standardized the concept of beyond a reasonable doubt.
E) Searches conducted outside the judicial process are unreasonable except under specifically established exceptions.
F) Established reasonable suspicion a standard that is less than probable cause but one sufficient to authorize an investigative detention.
G) Set forth the more flexible standard of the totality of the circumstance.
H) Evaluates employee's expectation of privacy in the workplace balancing between operational realities and governmental interest.
I) Warrants are particular and limited so unrelated items remain immune from search and seizure.
J) Upheld the use of confidential informants.

Question 51

Match up the terminology to the definitions :

-Hoffa v. United States

A) In dealing with probable cause, you deal with probabilities and they are technical, factual, and practical.
B) Court upheld the search of a student's purse by a high school principle.
C) Although later overturned, in this case it was originally ruled there was a difference between searches that involved a physical trespass of a private residence and those that did not.
D) Standardized the concept of beyond a reasonable doubt.
E) Searches conducted outside the judicial process are unreasonable except under specifically established exceptions.
F) Established reasonable suspicion a standard that is less than probable cause but one sufficient to authorize an investigative detention.
G) Set forth the more flexible standard of the totality of the circumstance.
H) Evaluates employee's expectation of privacy in the workplace balancing between operational realities and governmental interest.
I) Warrants are particular and limited so unrelated items remain immune from search and seizure.
J) Upheld the use of confidential informants.

Question 52

Match up the terminology to the definitions :

-Olmstead v United States

A) In dealing with probable cause, you deal with probabilities and they are technical, factual, and practical.
B) Court upheld the search of a student's purse by a high school principle.
C) Although later overturned, in this case it was originally ruled there was a difference between searches that involved a physical trespass of a private residence and those that did not.
D) Standardized the concept of beyond a reasonable doubt.
E) Searches conducted outside the judicial process are unreasonable except under specifically established exceptions.
F) Established reasonable suspicion a standard that is less than probable cause but one sufficient to authorize an investigative detention.
G) Set forth the more flexible standard of the totality of the circumstance.
H) Evaluates employee's expectation of privacy in the workplace balancing between operational realities and governmental interest.
I) Warrants are particular and limited so unrelated items remain immune from search and seizure.
J) Upheld the use of confidential informants.

Question 53

Match up the terminology to the definitions :

-Groh v. Ramirez

A) In dealing with probable cause, you deal with probabilities and they are technical, factual, and practical.
B) Court upheld the search of a student's purse by a high school principle.
C) Although later overturned, in this case it was originally ruled there was a difference between searches that involved a physical trespass of a private residence and those that did not.
D) Standardized the concept of beyond a reasonable doubt.
E) Searches conducted outside the judicial process are unreasonable except under specifically established exceptions.
F) Established reasonable suspicion a standard that is less than probable cause but one sufficient to authorize an investigative detention.
G) Set forth the more flexible standard of the totality of the circumstance.
H) Evaluates employee's expectation of privacy in the workplace balancing between operational realities and governmental interest.
I) Warrants are particular and limited so unrelated items remain immune from search and seizure.
J) Upheld the use of confidential informants.

Question 54

Discuss the intricacies of search and seizures.

Question 55

Define probable cause and reasonable suspicion and under which circumstances are each used.

Question 56

Define warrant and explain what is needed to obtain a warrant, and discuss the different types of warrants.

Question 57

Discuss the U.S. Supreme Court ruling in Riley v. California and how it relates to the topic of privacy discussed in this chapter.

Question 58

Choose between New Jersey v. T.L.O or the Veronia School District v. Action case and write a summary of the case and conclude with you opinion of whether you agree with the ruling.