Deck 3: Introduction to the 4th Amendment

Question 1

The Fourth Amendment contains which two basic clauses?

A) The reasonableness and probable cause clauses
B) The search and seizure clauses
C) The probable cause and reasonable suspicion clauses
D) The reasonableness and warrant clauses

Answer 1

The reasonableness and warrant clauses

Question 2

For Fourth Amendment purposes, persons are:

A) Business records, letters, diaries, and memos.
B) Any structure that a person uses as a residence on either a temporary or long-term basis.
C) The individual as a whole, both internally and externally.
D) Likely anything that is not a person, house, or paper.

Answer 2

The individual as a whole, both internally and externally.

Question 3

For Fourth Amendment purposes, houses are:

A) Business records, letters, diaries, and memos.
B) Any structure that a person uses as a residence on either a temporary or long-term basis.
C) The individual as a whole, both internally and externally.
D) Likely anything that is not a person, house, or paper.

Answer 3

Any structure that a person uses as a residence on either a temporary or long-term basis.

Question 4

For Fourth Amendment purposes, papers are:

A) Business records, letters, diaries, and memos.
B) Any structure that a person uses as a residence on either a temporary or long-term basis.
C) The individual as a whole, both internally and externally.
D) Likely anything that is not a person, house, or paper.

Question 5

For Fourth Amendment purposes, effects are:

A) Business records, letters, diaries, and memos.
B) Any structure that a person uses as a residence on either a temporary or long-term basis.
C) The individual as a whole, both internally and externally.
D) Likely anything that is not a person, house, or paper.

Question 6

For Fourth Amendment purposes, a hotel room is considered a(n):

A) Person.
B) House.
C) Paper.
D) Effect

Question 7

To define when a search takes place, which two important factors need to be considered?

A) Government action and probable cause
B) Government action and objective reasonableness
C) Government action and reasonable expectation of privacy
D) Whether the police activity in question involves a person or a house

Question 8

The ________ clause of the Fourth Amendment proscribes unreasonable searches and seizures.

A) Warrant
B) Probable cause
C) Reasonableness
D) Search and seizure

Question 9

For Fourth Amendment purposes, government officials always include:

A) Uninformed police officers acting in his or her official capacity.
B) Fire inspectors.
C) Teachers.
D) Insurance inspectors.

Question 10

A search occurs when government actors engage in activity that infringes on one's:

A) Privacy.
B) Subjective expectation of privacy.
C) Reasonable expectation of privacy.
D) Property interests.

Question 11

The basic Constitution protection against unreasonable searches and seizures is contained in the:

A) First Amendment.
B) Fourth Amendment.
C) Fifth Amendment.
D) Sixth Amendment.

Question 12

In which case did the Supreme Court hold that the Fourth Amendment ?protects people, not places??

A) People v. Boettner
B) United States v. Jacobsen
C) Mapp v. Ohio
D) Katz v. United States

Question 13

In which case did the Supreme Court hold that ?[G]arbage bags left on or at the side of a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public"?

A) United States v. Miller
B) United States v. On Lee
C) California v. Greenwood
D) Hoffa v. United States

Question 14

Which of the following factors are used to determine if an area is considered an ?open field??

A) The proximity of the area to the house
B) Whether the area is included within a fence or another enclosure surrounding the house
C) The nature of the use to which the land/property is being put
D) The steps taken by the resident to protect the area from observation
E) All of the above

Question 15

The courts consider which of the following factors when distinguishing between open fields and curtilage?

A) The size of house
B) The distance between buildings
C) The use to which the land/property is being put
D) None of the above

Question 16

________ is any unoccupied or undeveloped real property falling outside the curtilage of a home.

A) Abandoned property
B) An open field
C) Vacant land
D) Unsecured private land

Question 17

Which of the following is an example of enhancement device?

A) Drug dogs
B) Thermal imagers
C) Flashlights
D) All of the above

Question 18

In determining what level of sensory enhancement is appropriate, the courts generally consider which of the following factors?

A) The location of the place surveilled
B) The unlawfulness of the vantage point
C) The nature of the activity surveilled
D) All of the above

Question 19

In what case did the Supreme Court declare that the use of thermal imagers by the police constitutes a search?

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

Question 20

Possession of property without physical contact is known as:

A) Actual possession.
B) Definite possession.
C) Constructive possession.
D) Profitable possession.

Question 21

Probable cause was defined by the U.S. Supreme Court in ________ as when ?the facts and circumstances within [the officers'] knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense.?

A) Brinegar v. United States
B) Beck v. Ohio
C) United States v. Ortiz
D) Spinelli v. United States

Question 22

In which landmark case did the Supreme Court create the standard of ?reasonable suspicion??

A) Franks v. Delaware
B) Adams v. Williams
C) United States v. Hensley
D) Terry v. Ohio

Question 23

Which standard of justification adopts a balancing approach, weighing the interests of individuals with the interests of society?

A) Probable cause
B) Administrative justification
C) Reasonable suspicion
D) Proof beyond a reasonable doubt

Question 24

With regard to a search, when does justification need to be in place?

A) After the search
B) Before the search
C) During the search
D) Never

Question 25

The Fourth Amendment addressed one of the greatest complaints American colonists had against England-writs of assistance, which allowed unlimited searches.

Question 26

The Fourth Amendment deals with seizures of property, not persons.

Question 27

The Fourth Amendment does not protect a person's papers.

Question 28

A search occurs when a government actor interferes with someone's possessory property interests.

Question 29

A seizure cannot occur apart from a search.

Question 30

A search occurs when a government actor interferes with someone's reasonable expectation of privacy.

Question 31

A uniformed police officer acting in his or her official capacity can be considered a government actor.

Question 32

When a private individual is used deliberately in place a government actor, Fourth Amendment protections are triggered.

Question 33

When a private party is used accidentally in place of the police, Fourth Amendment protections are triggered.

Question 34

An otherwise private search may turn into a governmental search when the governmental recipient of the items seized by the private party subjects the evidence to additional scrutiny.

Question 35

Justification needs to be in place before a person or evidence is sought in an area protected by the Fourth Amendment.

Question 36

The reasonableness clause of the Fourth Amendment requires that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons of things to be seized.?

Question 37

The seizure of a person must be ?physical? for the Fourth Amendment to be implicated.

Question 38

The term ?reasonableness? is concerned with whether or not the police acted in line with Fourth Amendment requirements.

Question 39

The curtilage of one's home does not enjoy Fourth Amendment protection.

Question 40

The protection of the curtilage extends beyond dwelling-houses.

Question 41

Reasonable suspicion may be based on an anonymous tip, so long as the police are able to corroborate certain details released by the informant.

Question 42

Probable cause is tested on an objective basis.

Question 43

The Fourth Amendment protects ________, houses, papers, and effects.

Question 44

________ clause says ʺno Warrants shall issue, but upon probable cause, supported by Oath or affirmation…ʺ

Question 45

A(n) ________ is an activity geared toward finding evidence to be used in a criminal prosecution conducted by the government and invading a reasonable expectation of privacy.

Question 46

The U.S. Supreme Court ruled in California v. Greenwood that people have no expectation of privacy in their ________ left on the side of a public street.

Question 47

The ________ is the land and buildings immediately surrounding a dwelling-house.

Question 48

Police officers can go on the real estate belonging to a person that is far from a dwelling home to search for contraband without a warrant, even if the land is posed, under the ________ fields doctrine.

Question 49

In discussions of the Fourth Amendment, items like binoculars, flashlights, electronic beepers, and heat detectors are known as ________ devices.

Question 50

A piece of property is in a person's ________ possession if he or she is physically holding or grasping the property.

Question 51

Facts that would lead an experienced, reasonable police officer to believe that a crime has been, is, or is about to be committed defines the evidentiary standard of ________ cause.

Question 52

According to the Terry v. Ohio case police may stop, question, and sometimes search persons based on a standard less than probable cause to arrest known as ________ suspicion.

Question 53

Match the term with the proper definition or description.

-Probable cause

A) Necessary for the police to engage in actions that trigger the Fourth Amendment.
B) The area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life.
C) Justification that falls below probable cause but above a hunch.
D) A government action that infringes on one's reasonable expectation of privacy.
E) Any unoccupied or undeveloped real property falling outside the curtilage of a home.
F) The standard used to support certain regulatory and special needs searches.
G) Facts and circumstances to reasonably believe a person that the suspect had committed a crime.
H) Did the police act in line with Fourth Amendment requirements.
I) Events that are witnessed and can be explained.
J) Action on the part of paid government officials.

Question 54

Match the term with the proper definition or description.

-Reasonable suspicion

A) Necessary for the police to engage in actions that trigger the Fourth Amendment.
B) The area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life.
C) Justification that falls below probable cause but above a hunch.
D) A government action that infringes on one's reasonable expectation of privacy.
E) Any unoccupied or undeveloped real property falling outside the curtilage of a home.
F) The standard used to support certain regulatory and special needs searches.
G) Facts and circumstances to reasonably believe a person that the suspect had committed a crime.
H) Did the police act in line with Fourth Amendment requirements.
I) Events that are witnessed and can be explained.
J) Action on the part of paid government officials.

Question 55

Match the term with the proper definition or description.

-Administrative justification

A) Necessary for the police to engage in actions that trigger the Fourth Amendment.
B) The area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life.
C) Justification that falls below probable cause but above a hunch.
D) A government action that infringes on one's reasonable expectation of privacy.
E) Any unoccupied or undeveloped real property falling outside the curtilage of a home.
F) The standard used to support certain regulatory and special needs searches.
G) Facts and circumstances to reasonably believe a person that the suspect had committed a crime.
H) Did the police act in line with Fourth Amendment requirements.
I) Events that are witnessed and can be explained.
J) Action on the part of paid government officials.

Question 56

Match the term with the proper definition or description.

-Articulable facts

A) Necessary for the police to engage in actions that trigger the Fourth Amendment.
B) The area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life.
C) Justification that falls below probable cause but above a hunch.
D) A government action that infringes on one's reasonable expectation of privacy.
E) Any unoccupied or undeveloped real property falling outside the curtilage of a home.
F) The standard used to support certain regulatory and special needs searches.
G) Facts and circumstances to reasonably believe a person that the suspect had committed a crime.
H) Did the police act in line with Fourth Amendment requirements.
I) Events that are witnessed and can be explained.
J) Action on the part of paid government officials.

Question 57

Match the term with the proper definition or description.

-Justification

A) Necessary for the police to engage in actions that trigger the Fourth Amendment.
B) The area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life.
C) Justification that falls below probable cause but above a hunch.
D) A government action that infringes on one's reasonable expectation of privacy.
E) Any unoccupied or undeveloped real property falling outside the curtilage of a home.
F) The standard used to support certain regulatory and special needs searches.
G) Facts and circumstances to reasonably believe a person that the suspect had committed a crime.
H) Did the police act in line with Fourth Amendment requirements.
I) Events that are witnessed and can be explained.
J) Action on the part of paid government officials.

Question 58

Match the term with the proper definition or description.

-Curtilage

A) Necessary for the police to engage in actions that trigger the Fourth Amendment.
B) The area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life.
C) Justification that falls below probable cause but above a hunch.
D) A government action that infringes on one's reasonable expectation of privacy.
E) Any unoccupied or undeveloped real property falling outside the curtilage of a home.
F) The standard used to support certain regulatory and special needs searches.
G) Facts and circumstances to reasonably believe a person that the suspect had committed a crime.
H) Did the police act in line with Fourth Amendment requirements.
I) Events that are witnessed and can be explained.
J) Action on the part of paid government officials.

Question 59

Match the term with the proper definition or description.

-Open field

A) Necessary for the police to engage in actions that trigger the Fourth Amendment.
B) The area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life.
C) Justification that falls below probable cause but above a hunch.
D) A government action that infringes on one's reasonable expectation of privacy.
E) Any unoccupied or undeveloped real property falling outside the curtilage of a home.
F) The standard used to support certain regulatory and special needs searches.
G) Facts and circumstances to reasonably believe a person that the suspect had committed a crime.
H) Did the police act in line with Fourth Amendment requirements.
I) Events that are witnessed and can be explained.
J) Action on the part of paid government officials.

Question 60

Match the term with the proper definition or description.

-Reasonableness

A) Necessary for the police to engage in actions that trigger the Fourth Amendment.
B) The area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life.
C) Justification that falls below probable cause but above a hunch.
D) A government action that infringes on one's reasonable expectation of privacy.
E) Any unoccupied or undeveloped real property falling outside the curtilage of a home.
F) The standard used to support certain regulatory and special needs searches.
G) Facts and circumstances to reasonably believe a person that the suspect had committed a crime.
H) Did the police act in line with Fourth Amendment requirements.
I) Events that are witnessed and can be explained.
J) Action on the part of paid government officials.

Question 61

Match the term with the proper definition or description.

-Government action

A) Necessary for the police to engage in actions that trigger the Fourth Amendment.
B) The area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life.
C) Justification that falls below probable cause but above a hunch.
D) A government action that infringes on one's reasonable expectation of privacy.
E) Any unoccupied or undeveloped real property falling outside the curtilage of a home.
F) The standard used to support certain regulatory and special needs searches.
G) Facts and circumstances to reasonably believe a person that the suspect had committed a crime.
H) Did the police act in line with Fourth Amendment requirements.
I) Events that are witnessed and can be explained.
J) Action on the part of paid government officials.

Question 62

Match the term with the proper definition or description.

-Search

A) Necessary for the police to engage in actions that trigger the Fourth Amendment.
B) The area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life.
C) Justification that falls below probable cause but above a hunch.
D) A government action that infringes on one's reasonable expectation of privacy.
E) Any unoccupied or undeveloped real property falling outside the curtilage of a home.
F) The standard used to support certain regulatory and special needs searches.
G) Facts and circumstances to reasonably believe a person that the suspect had committed a crime.
H) Did the police act in line with Fourth Amendment requirements.
I) Events that are witnessed and can be explained.
J) Action on the part of paid government officials.

Question 63

Define the terms person, house, and papers and effects as they relate to the protections of the Fourth Amendment.

Question 64

Identify and discuss a number of circumstances in which the U.S. Supreme Court has found that no search occurred as there is no violation of a reasonable expectation of privacy.

Question 65

Summarize Katz v. United States and its importance on the issue of seizures within the Fourth Amendment.

Question 66

Explain the concept of reasonable suspicion. Explain how an officer builds reasonable suspicion and how the courts have defined it.

Question 67

Students can agree or disagree with the decisions but should defend their answers in light of the reasonable expectation of privacy standard established in Katz.

Question 68

The Supreme Court has ʺcreatedʺ the standard of justification known as ʺreasonable suspicionʺ for investigatory detentions. Should it have? Why or why not?