Question 1

An inventory search of seized automobiles would be typically based on

Accepted Answer

An inventory search of seized automobiles is typically based on administrative justification. This type of search is conducted to safeguard personal property while it's in police custody, ensure officer safety, and protect against claims of lost, stolen, or vandalized property. It does not require probable cause or reasonable suspicion, as its primary purpose is not to uncover evidence of a crime.

Question 2

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

Accepted Answer

Veronia School District v. Acton (1995) is the case where the Supreme Court allowed random drug testing of high school athletes, ruling that it did not violate the Fourth Amendment.

Question 3

Which of the following is not true of administrative searches?

Accepted Answer

Administrative searches, such as those conducted for regulatory compliance, do not require probable cause in the same way criminal searches do. They are typically based on the need to enforce regulations and ensure public safety, rather than suspicion of criminal activity.

Question 4

Which of the following is not true of search warrants?

Accepted Answer

Search warrants must specify the place to be searched and the items to be seized, based on probable cause, and issued by a neutral authority. However, they are not required to include the date of the search.

Question 5

The Fourth Amendment contains two basic clauses:

Accepted Answer

The Fourth Amendment contains the reasonableness clause, which generally prohibits unreasonable searches and seizures, and the warrant clause, which specifies that warrants must be issued based on probable cause, supported by oath or affirmation, and must particularly describe the place to be searched, and the persons or things to be seized.

Question 6

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.

Accepted Answer

The "warrant requirement" interpretation suggests that a warrant is generally necessary for searches, with exceptions only in specific circumstances where obtaining a warrant is not feasible.

Question 7

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

Accepted Answer

The "warrant preference" interpretation suggests that warrants should be obtained whenever it is practically possible, indicating a preference for the use of warrants in searches and seizures.

Question 8

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

Accepted Answer

Clothing is considered an individual's "effects" as it directly pertains to personal belongings or items that are closely associated with the person's body and identity.

Question 9

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

Accepted Answer

The term "papers" in the context of personal or private documentation typically refers to items such as records, diaries, and memos, which are all forms of documents or written materials. Luggage, on the other hand, refers to bags and suitcases that contain a person's belongings while traveling and does not fall under the category of "papers."

Question 10

The Fourth Amendment protects ______from unreasonable searches and seizures.

Accepted Answer

The Fourth Amendment to the United States Constitution protects individuals' rights to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, thus all of the options (A, B, C, D) are correct.

Question 11

What is the only justification mentioned in the Fourth Amendment?

Accepted Answer

The Fourth Amendment mentions "probable cause" as the justification for searches and seizures, indicating that law enforcement must have a reasonable basis to believe a crime has been committed before conducting a search or making an arrest.

Question 12

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.

Accepted Answer

A "nonsearch" occurs when the activity in question is not a product of government action and does not infringe upon a person's reasonable expectation of privacy, meaning it does not meet the criteria to be considered a search under legal or constitutional definitions.

Question 13

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

Accepted Answer

Camara v. Municipal Court is the case where the Supreme Court held that searches by regulatory officials for health and safety inspections are subject to the Fourth Amendment, requiring "reasonable" grounds for the search, thus recognizing them as governmental actions.

Question 14

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.

Accepted Answer

Hoffa v. United States (1966) established that the defendant's conversations with a government informant, who was present in the defendant's hotel suite with his consent, did not constitute an unlawful search. This was because the defendant had no reasonable expectation of privacy in the conversations he willingly had with the informant.

Question 15

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

Accepted Answer

The size of the land in question is not a factor in distinguishing between open fields and curtilage. The distinction typically relies on factors such as the proximity of the area to the home, enclosures indicating a private area, and efforts to shield the area from view, rather than the overall size of the property.

Question 16

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?

Accepted Answer

United States v. Dunn established the four factors for distinguishing between open fields and curtilage, which are important in determining the extent of Fourth Amendment protections. This case involved police climbing over fences and looking inside a barn, leading to the establishment of criteria to differentiate between areas where privacy expectations are reasonable (curtilage) and areas where they are not (open fields).

Question 17

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

Accepted Answer

In abandoned cars, containers, and other items, one cannot expect to have a reasonable expectation of privacy because these are places or items that have been discarded or left behind, indicating that the owner has relinquished any expectation of privacy.

Question 18

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

Accepted Answer

The answer of The term "seizure" has a dual meaning....

Question 19

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

Accepted Answer

Unknown information is not a part of the three varieties of information that is given by informants. The three varieties of information are known, confidential, and anonymous.

Question 20

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

Accepted Answer

The Fourth Amendment, which addresses search and seizure, is a cornerstone of American constitutional law and has generated extensive legal analysis, commentary, and court decisions, amounting to millions of pages of text over time.

Quiz 4: Obtaining Evidence and the Fourth Amendment