Question 1

The Fourth Amendment contains which two basic clauses?

Accepted Answer

D

Question 2

For Fourth Amendment purposes, persons are:

Accepted Answer

The Fourth Amendment protects individuals' rights to privacy and security against unreasonable searches and seizures, focusing on the person as a whole, both internally and externally.

Question 3

For Fourth Amendment purposes, houses are:

Accepted Answer

For Fourth Amendment purposes, houses are defined as any structure that a person uses as a residence, whether temporarily or long-term. This broad definition is meant to protect individuals' privacy and property rights in their living spaces.

Question 4

For Fourth Amendment purposes, papers are:

Accepted Answer

The Fourth Amendment protects against unreasonable searches and seizures and specifically mentions the right of the people to be secure in their "persons, houses, papers, and effects." Papers, in this context, include business records, letters, diaries, and memos, as these are documents that can contain personal and private information.

Question 5

For Fourth Amendment purposes, effects are:

Accepted Answer

The Fourth Amendment protects "persons, houses, papers, and effects." Effects generally refer to personal property or belongings that are not covered by the other categories.

Question 6

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

Accepted Answer

For Fourth Amendment purposes, a hotel room is considered a "house." The Fourth Amendment's protection against unreasonable searches and seizures extends to individuals in places where they have a reasonable expectation of privacy, which includes hotel rooms.

Question 7

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

Accepted Answer

A search is defined by government action and whether there is a reasonable expectation of privacy, which determines if the Fourth Amendment applies.

Question 8

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

Accepted Answer

The correct term is "Reasonableness" clause, which is the part of the Fourth Amendment that specifically addresses the issue of unreasonable searches and seizures, setting the standard for what is considered lawful.

Question 9

For Fourth Amendment purposes, government officials always include:

Accepted Answer

The answer of For Fourth Amendment purposes, government officials always...

Question 10

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

Accepted Answer

A search, in legal terms, is considered to occur when government actors engage in activity that infringes on an individual's reasonable expectation of privacy. This standard was established in the landmark case Katz v. United States (1967), which moved the focus from physical intrusion (property interests) to the violation of privacy expectations that society recognizes as reasonable.

Question 11

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

Accepted Answer

The Fourth Amendment specifically protects against unreasonable searches and seizures, requiring any warrant to be judicially sanctioned and supported by probable cause.

Question 12

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

Accepted Answer

Katz v. United States is the case where the Supreme Court held that the Fourth Amendment protects people, not places, establishing that the government's intrusion into a person's privacy (in this case, through wiretapping a public phone booth) without a warrant constitutes a violation of the Fourth Amendment.

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"?

Accepted Answer

California v. Greenwood held that garbage bags left on or at the side of a public street are considered readily accessible to the public, and therefore, the expectation of privacy does not apply, allowing for warrantless searches of such garbage.

Question 14

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

Accepted Answer

All of the factors listed (proximity to the house, inclusion within an enclosure, nature of land use, and steps taken to protect from observation) are relevant in determining if an area is considered an "open field" in legal contexts. These factors help assess the expectation of privacy and whether the area is protected under the Fourth Amendment against unreasonable searches and seizures.

Question 15

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

Accepted Answer

The courts consider the use to which the land/property is being put when distinguishing between open fields and curtilage, as it helps determine the expectation of privacy.

Question 16

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

Accepted Answer

An open field refers to any unoccupied or undeveloped real property outside the curtilage of a home, distinguishing it from areas immediately surrounding a dwelling which are afforded more privacy under the law.

Question 17

Which of the following is an example of enhancement device?

Accepted Answer

Enhancement devices are tools or technologies that improve or augment human capabilities in detecting or observing things that might not be easily perceivable otherwise. Drug dogs enhance the ability to detect narcotics through their acute sense of smell. Thermal imagers enhance the ability to see variations in temperature, which can be useful in various scenarios including search and rescue or surveillance. Flashlights enhance the ability to see in the dark. Therefore, all of the options listed are examples of enhancement devices.

Question 18

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

Accepted Answer

The answer of In determining what level of sensory enhancement...

Question 19

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

Accepted Answer

In Kyllo v. United States, the Supreme Court ruled that using thermal imaging technology to detect heat patterns in a home constitutes a search under the Fourth Amendment.

Question 20

Possession of property without physical contact is known as:

Accepted Answer

Constructive possession refers to a situation where an individual has legal control over a property but does not physically hold it. This concept is used in legal contexts to describe scenarios where a person has the power and intent to control property, even if it's not in their direct physical custody.

Quiz 3: Introduction to the 4th Amendment