Question 1

The Fourth Amendment provides the right of the people to be secure in their:

Accepted Answer

E

Question 2

The drafters of the Bill of Rights were influenced by:

Accepted Answer

The drafters of the Bill of Rights were influenced by a combination of factors including the English heritage, which provided a historical foundation for rights and governance; the misuse of the criminal justice system by the colonies, which highlighted the need for protections against government overreach; and a belief in the limited role of government, which was a fundamental principle guiding the creation of the Constitution and the Bill of Rights.

Question 3

The Fourth Amendment deals with:

Accepted Answer

The Fourth Amendment to the United States Constitution deals with the protection against unreasonable searches and seizures, covering both persons and property.

Question 4

The exclusionary rule was applied to the states by the case of:

Accepted Answer

The exclusionary rule was applied to the states by the Supreme Court in the case of Mapp v. Ohio (1961), which held that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," is inadmissible in state courts.

Question 5

The major purpose of the exclusionary rule is:

Accepted Answer

The exclusionary rule is primarily intended to deter law enforcement from conducting illegal searches and seizures by excluding improperly obtained evidence from being used in court.

Question 6

The "fruits of the poisonous tree" doctrine applies to:

Accepted Answer

The "fruits of the poisonous tree" doctrine applies to evidence obtained through violations of constitutional rights, including arrests, confessions, and searches. It means that evidence obtained illegally cannot be used in court.

Question 7

In the case of Wong Sun v. United States, the Supreme Court held that:

Accepted Answer

The Supreme Court in Wong Sun v. United States held that not all evidence is automatically excluded if it was initially discovered during an illegal search, as long as the connection between the evidence and the illegal method was sufficiently attenuated. This encompasses the principles in all the provided options, affirming that evidence not directly tainted by illegal actions, or that could have been obtained through legal means independently, may still be admissible.

Question 8

In the case of Katz v. United States, the Supreme Court expanded the scope of the Fourth Amendment by:

Accepted Answer

In Katz v. United States, the Supreme Court expanded the Fourth Amendment's scope by establishing the concept of an "expectation of privacy." This decision moved beyond a strict property rights interpretation of the Fourth Amendment to protect individuals' privacy in various settings, not just in physical locations.

Question 9

The test for any expectation of privacy is based upon the requirement that:

Accepted Answer

The correct answer is D because the test for an expectation of privacy requires both that a person exhibits an expectation of privacy (A) and that this expectation is one that society is prepared to recognize as reasonable (B).

Question 10

The below-named judicial officer may issue a valid search warrant:

Accepted Answer

A search warrant must be issued by a neutral and detached magistrate, who is a judicial officer, to ensure impartiality and adherence to legal standards. State attorneys general, federal attorneys general, and state senators do not have the judicial authority to issue search warrants.

Question 11

Abandonment, plain view, and open fields are:

Accepted Answer

Abandonment, plain view, and open fields are recognized exceptions to the Fourth Amendment's protections against unreasonable searches and seizures. These doctrines allow law enforcement to seize evidence without a warrant under certain conditions.

Question 12

What area(s) may a spouse give consent to search without the other spouse being present?

Accepted Answer

A spouse can give consent to search common areas of the home, including the family residence, a child's room, and the garage, even if the other spouse is not present.

Question 13

Which of the following is NOT an exception to the 4th Amendment?

Accepted Answer

The 4th Amendment protects against unreasonable searches and seizures, but there are exceptions. Residential curtilage, the area immediately surrounding a home, is considered part of the home itself for Fourth Amendment purposes, and thus not an exception to the protections against unreasonable searches. In contrast, plain view, open fields, and searches incident to arrest are recognized exceptions where the protections of the 4th Amendment do not apply in the same way.

Question 14

This concept holds that the seizure of illegal evidence which is visible to a police officer if the officer's access to the object has a Fourth Amendment justification is acceptable.

Accepted Answer

The plain view doctrine allows law enforcement officers to seize evidence and contraband that are found in plain view during a lawful observation. This concept applies when the officer is lawfully present at the place where the evidence is plainly visible, the officer has a lawful right of access to the object, and the incriminating character of the object is immediately apparent.

Question 15

Which of the following is an exception to an individual's expectation of privacy in a fenced backyard?

Accepted Answer

The open air above a fenced backyard does not carry an expectation of privacy because it is visible from an airplane or helicopter, making it accessible to public view from above.

Question 16

If a police officer enters a business during normal business hours and opens a door marked private and observes criminal activity, that activity falls under the ________ zone of privacy rule, and it would be deemed an illegal search.

Accepted Answer

The Katz rule, established in Katz v. United States, focuses on the expectation of privacy. Since the officer entered a private area without a warrant or consent, it violates the expectation of privacy, making the search illegal under the Katz standard.

Question 17

Federal rules do NOT recognize an expectation of privacy in these types of records.

Accepted Answer

Federal rules generally do not recognize an expectation of privacy in business, financial, and telephone records, as these are often considered third-party records.

Question 18

This U.S. Supreme Court held that police may use a drug-sniffing dog around the outside of a vehicle during a routine traffic stop even when police have no grounds to suspect illegal activity.

Accepted Answer

Illinois v. Caballes (2005) ruled that police do not need reasonable suspicion of drug-related activity to use drug-sniffing dogs around the exterior of a vehicle during a lawful traffic stop.

Question 19

In ________, the Supreme Court held that the use of a beeper attached to the suspect's car was not a search within the scope of the Fourth Amendment because it did not infringe on any privacy interest and conveyed no protected information.

Accepted Answer

In United States v. Karo, the Supreme Court actually held that the use of a beeper constituted a search under the Fourth Amendment when it was used to monitor the location of a can of ether inside a private residence, which could not have been observed without physical intrusion. This case is often confused with United States v. Knotts, where the Court held that using a beeper to monitor a suspect's movement on public roads did not constitute a search under the Fourth Amendment. However, the specific scenario described in the question does not accurately reflect the holding in United States v. Karo but rather aligns with the facts and ruling of United States v. Knotts. This discrepancy highlights the importance of carefully reviewing case facts and holdings.

Question 20

The inspections and regulator searches use a balancing test. Which of the following is NOT part of that test?

Accepted Answer

The balancing test for inspections and regulatory searches typically involves assessing the necessity of the practice, its historical acceptance, and the extent of privacy invasion. Probable cause is not a standard component of this test, as these searches are often conducted without the specific suspicion required for probable cause.

Quiz 2: Search and Seizure