Question 1

If a person abandons property, they

Accepted Answer

If a person abandons property, they no longer have a reasonable expectation of privacy in that property and therefore do not have Fourth Amendment protection. Police can search and seize abandoned property without a warrant.

Question 2

If a search is conducted solely by a ________ person, the exclusionary rule does not apply

Accepted Answer

The exclusionary rule, which prevents the use of evidence obtained in violation of the Fourth Amendment, applies only to governmental searches and seizures. Therefore, if a search is conducted solely by a private person without the involvement of government officials, the exclusionary rule does not apply.

Question 3

Not all states have adopted a good _______ exception that permits the use of evidence because of a mistake by a judge, prosecutor, police dispatcher, or computer.

Accepted Answer

The correct term is "good faith exception," which allows the use of evidence that was obtained through a mistake made in good faith by law enforcement or judicial personnel.

Question 4

Police may enter open fields without a warrant because

Accepted Answer

The Fourth Amendment protects individuals from unreasonable searches and seizures in areas where there is a reasonable expectation of privacy. Open fields do not typically have this reasonable expectation of privacy, as they are accessible to the public and not immediately adjacent to a dwelling or curtilage, a structure or area immediately surrounding a dwelling which is considered part of the home itself. Therefore, police may enter open fields without a warrant.

Question 5

There is no Fourth Amendment search when police view something

Accepted Answer

The answer of There is no Fourth Amendment search when...

Question 6

In U.S.v.Leon, the Supreme Court recognized a/n _____________ exception to the exclusionary rule.

Accepted Answer

In U.S. v. Leon, the Supreme Court recognized the objective good faith exception to the exclusionary rule, which allows evidence obtained by police in violation of the Fourth Amendment to be admissible if the police acted with an objectively reasonable good faith belief that their conduct was lawful.

Question 7

Whether consent is voluntary is a question of fact to be determined by the _____________________.

Accepted Answer

Whether consent is voluntary depends on the totality of the circumstances. This means that all aspects of the situation must be taken into consideration, such as the individual's mental state, any coercion or pressure applied, and the context of the situation. The credibility of the person in control of the property may also be a factor, but it is not the sole determining factor in whether consent was voluntary. The time of day or night is unlikely to be relevant to the determination of voluntary consent.

Question 8

The federal exclusionary rule

Accepted Answer

The federal exclusionary rule applies only in criminal cases, prohibiting the use of evidence obtained in violation of a defendant's constitutional rights.

Question 9

The person with actual or apparent authority would most likely be

Accepted Answer

The answer of The person with actual or apparent authority...

Question 10

The exclusionary rule would not apply in a case of an unlawful search and seizure conducted by a private citizen acting totally on their own because

Accepted Answer

The Fourth Amendment only applies to government conduct, not private citizens. Therefore, the exclusionary rule, which is a remedy for unconstitutional government conduct, would not come into play in a case involving a private citizen's search and seizure.

Question 11

If a vehicle is abandoned,

Accepted Answer

When a vehicle is abandoned, the articles inside it are also considered abandoned property. This means that the police are allowed to seize and dispose of the items as they see fit, as long as they follow all applicable laws and regulations. The Fourth Amendment does not apply in this situation, as the owner has effectively forfeited their rights to the vehicle and anything inside it by abandoning it. The police do not need to obtain title to the vehicle or a search warrant to seize it if it has been abandoned.

Question 12

To have standing to contest a police search (and a Fourth Amendment complaint), the person must have had a/n ____________ in the place or things searched.

Accepted Answer

To have standing to contest a police search under the Fourth Amendment, the person must have a reasonable expectation of privacy in the place or things searched. Ownership interest or experience of monetary damages are not the sole factors that determine standing. A subjectively reasonable expectation of sequestration is not a legal term, and is not relevant to Fourth Amendment standing.

Question 13

An officer who is acting _________________ cannot rely on the good faith exception.

Accepted Answer

The good faith exception only applies when an officer acts in an objectively reasonable way. If an officer acts in an objectively unreasonable fashion, such as violating an individual's Fourth Amendment rights, then the good faith exception cannot be used as a defense.

Question 14

If a person abandons property because of illegal police activity, it

Accepted Answer

When a person abandons property due to illegal police activity, it is not considered a valid abandonment for Fourth Amendment purposes. The Fourth Amendment protects against unreasonable searches and seizures, and actions induced by unlawful police conduct do not negate these protections.

Question 15

Consent must be voluntary for a valid warrantless search.Other factors that may be considered in determining whether a search was voluntary are

Accepted Answer

All of these factors may impact an individual's ability to provide genuine and voluntary consent to a search. Age, mental impairment, and intoxication can all compromise an individual's decision-making capacity and ability to understand their rights. Therefore, all these factors must be taken into account to determine if the consent was truly voluntary.

Question 16

Property left in a motel room or storage locker after the rental agreement has expired

Accepted Answer

Property left in a motel room or storage locker after the rental agreement has expired may be deemed abandoned, depending on the specific laws and regulations in the area. However, in many cases, the owner of the property must be given notice before it can be considered abandoned. It is unlikely that the property would automatically become the property of the police or the motel/locker owner without proper legal procedures being followed.

Question 17

The area directly around the home (e.g.yard) is called the

Accepted Answer

The term curtilage is commonly used to refer to the area immediately surrounding a home or dwelling. It includes any yard or land that is directly connected to or in close proximity to the home. This area is considered to be part of the home and is typically protected under the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures. The other options either do not accurately describe this area or are not commonly used terms.

Question 18

____________ cases occur when an officer, who is where he or she has a right to be, sees contraband or evidence of a crime.

Accepted Answer

In plain view cases, officers are legally allowed to seize any evidence or contraband they see when they are in a place they have a right to be. This means that if an officer is, for example, making a lawful traffic stop and sees drugs or a weapon in plain view in the car, they are permitted to seize it without a warrant or consent. Plain view cases have a high success rate in court as they are viewed as a valid exception to the warrant requirement.

Question 19

In California v.Greenwood, the U.S.Supreme Court upheld police search and seizure of a garbage left on the curb by the defendant for pickup because the defendant

Accepted Answer

In California v. Greenwood, the Supreme Court held that once an individual places their garbage on the curbside for pickup, they no longer have a reasonable expectation of privacy in the contents of the garbage. Therefore, the police do not need a warrant to search through trash left on the curb for pickup. The Court did not rely on the defendant's consent to the search or the absence of incriminating evidence in the trash.

Question 20

The exclusionary rule forbids the use of evidence tainted or soiled by improper or illegal police conduct in criminal cases.Such evidence, however, can be used in _______ cases.

Accepted Answer

The exclusionary rule only applies to criminal cases, so it does not prohibit the use of tainted evidence in civil cases.

Quiz 10: Where the Exclusionary Rule Does Not Apply