Question 1

Persons crossing the national border or other functional equivalents are not protected by the Fourth Amendment.

Accepted Answer

It is a well-established principle in U.S. law that individuals crossing the national border or its functional equivalents, such as airports, are subject to search and seizure without a warrant or probable cause, in order to protect national security and prevent illegal activities such as smuggling. This exception to the Fourth Amendment is known as the border search doctrine. However, the Supreme Court has recognized certain limitations and requirements for border searches, such as the scope and intrusiveness of the search, and the need for reasonable suspicion or no less than a cursory inspection for non-routine searches.

Question 2

A "search" within the meaning of the Fourth Amendment refers only to a physical penetration of someone's person or property.

Accepted Answer

A "search" within the meaning of the Fourth Amendment can include both physical and non-physical invasions, such as electronic surveillance, collecting personal information, or using a drug-sniffing dog outside a person's home.

Question 3

A magistrate's finding of probable cause may not be based on hearsay evidence.

Accepted Answer

A magistrate's finding of probable cause may be based on hearsay evidence as long as it is reliable and credible. However, the use of hearsay evidence may affect the weight given to it by the magistrate.

Question 4

Increases in drug trafficking over the last few decades gave rise to a number of state courts approving anticipatory search warrants where probable cause does not have to exist until the warrant is executed.

Accepted Answer

Anticipatory search warrants are issued in advance of a possible crime or when probable cause does not yet exist, but is expected to exist at the time of the search. This type of warrant has become more common due to a rise in drug trafficking and other criminal activities.

Question 5

Police must first obtain a warrant before conducting a search of a person's home, even if the homeowner consents to a warrantless search.

Accepted Answer

While it is generally true that police need a warrant to conduct a search of a person's home, there are exceptions to this rule, including if the homeowner consents to a warrantless search.

Question 6

The protections of the Fourth Amendment apply only to a person's home and not to other types of structures.

Accepted Answer

The Fourth Amendment protects against unreasonable searches and seizures in all types of structures, not just a person's home. It applies to places where an individual has a reasonable expectation of privacy, such as cars, offices, and hotel rooms.

Question 7

Police may search a home without a warrant when the homeowner is arrested on the front lawn.

Accepted Answer

Police generally need a warrant to search a home, even if the homeowner is arrested outside, unless there are exigent circumstances or consent is given.

Question 8

Police may make a warrantless seizure of incriminating evidence when they are lawfully in an area and that evidence is in plain view.

Accepted Answer

This is known as the plain view doctrine and has been upheld by the US Supreme Court. However, there are limitations to this, such as the police cannot move objects to get a better view or use technology to enhance their sight beyond what a normal person would be able to see.

Question 9

Which of the following often qualifies as a permissible warrantless search?

Accepted Answer

All three options listed are examples of permissible warrantless searches under certain circumstances. A search of a suspect's person incident to a lawful arrest is allowed under the Fourth Amendment's search incident to arrest doctrine. A search of an automobile based on probable cause is allowed due to the mobility of vehicles and the lower expectation of privacy in them. A "pat-down" search of a person based on reasonable suspicion is permitted based on the need for officer safety and the limited intrusion of the search.

Question 10

For a search to be valid under the Fourth Amendment, police officers must have "probable cause," or in certain instances "reasonable suspicion" to believe that a particular search will produce evidence of crime.

Accepted Answer

This is a well-established principle of Fourth Amendment jurisprudence. Courts have held that searches conducted without probable cause or reasonable suspicion are generally unconstitutional.

Question 11

Police in hot pursuit of a fleeing suspect may not pursue that suspect into a protected place, such as a home, without having to wait until a warrant can be obtained.

Accepted Answer

This statement is incorrect. Police may pursue a suspect into a protected place if they have probable cause and exigent circumstances, such as a risk to public safety or the possibility of the suspect destroying evidence. However, they still must obtain a warrant as soon as possible after the pursuit.

Question 12

The Fourth Amendment to the U.S. Constitution has been extended to searches and seizures conducted by state and local law enforcement officers.

Accepted Answer

The Fourth Amendment applies to all levels of government, including state and local law enforcement agencies. This was established in the landmark case of Mapp v. Ohio (1961).

Question 13

Although the Fourth Amendment refers to "houses," its protections are extended to stores, offices and places of business.

Accepted Answer

The Supreme Court has interpreted the Fourth Amendment to apply not only to private residences, but also to commercial properties such as stores, offices, and places of business. This interpretation is based on the idea that people have a reasonable expectation of privacy in these locations, and that they should be protected from unreasonable searches and seizures by law enforcement.

Question 14

A tip from a confidential informant can give rise to probable cause to obtain a search warrant.

Accepted Answer

This statement is true. Information from a confidential informant, along with other corroborating evidence, can provide probable cause for a judge to issue a search warrant.

Question 15

Police must have "probable cause" before subjecting a suspicious person to a "stop-and-frisk."

Accepted Answer

Police only need "reasonable suspicion" to conduct a "stop-and-frisk," which is a lower standard than "probable cause."

Question 16

Any means of invading a person's reasonable expectation of privacy is considered a "search" within the meaning of the Fourth Amendment.

Accepted Answer

This is the established interpretation of the Fourth Amendment by the United States Supreme Court. Any government action that infringes upon a person's reasonable expectation of privacy is considered a search, and must be conducted in accordance with the Fourth Amendment.

Question 17

The Fourth Amendment was adopted to limit searches and seizures by both national and state officials.

Accepted Answer

The Fourth Amendment was originally adopted to limit searches and seizures by federal officials only; it was later applied to state officials through the Fourteenth Amendment's incorporation doctrine.

Question 18

The Fourth Amendment applies to all premises and property, even premises and property that have been abandoned.

Accepted Answer

The Fourth Amendment protects against unreasonable searches and seizures, but courts have generally held that individuals do not have a reasonable expectation of privacy in abandoned property, and thus the Fourth Amendment does not apply in such cases.

Question 19

The Fourth Amendment contains a provision expressly prohibiting the use of evidence obtained through an unreasonable search and seizure.

Accepted Answer

The Fourth Amendment does not explicitly mention the exclusionary rule, which prohibits the use of evidence obtained through unreasonable search and seizure; this rule was established through judicial interpretation.

Question 20

Courts have approved properly established and conducted sobriety checkpoints where all drivers passing a certain point are stopped briefly and checked for signs of intoxication.

Accepted Answer

Sobriety checkpoints have been approved by courts as long as they are properly established and conducted. Drivers are stopped briefly and checked for signs of intoxication without violating their Fourth Amendment rights.

Quiz 3: Search and Seizure