Exam 3: Probable Cause and Reasonable Suspicion

What is needed to establish that government action is a search? I. societal recognition that a personal expectation of privacy is reasonable II. actual physical trespass into an area III. mere governmental intent to conduct a search IV. the exhibition of a personal subjective expectation of privacy

The plain view doctrine does not allow the use of ordinary technological enhancements that are widely available, i.e. flashlights or magnifying glasses.

General warrants were used in England to: I. discover evidence of seditious libels. II. protect the government against foreign invasion. III. enforce the tax laws on certain articles. IV. enforce the laws granting the king certain royal prerogatives.

According to the open fields doctrine, the protected and immediately surrounding area around a house is known as .

General warrants, or writs of assistance, as they were known in Britain and in the American colonies:

Which of the following is not an example of abandoned property?

According to the Supreme Court in California v. Hodari D, involving a young man who threw away a rock of crack cocaine just before an officer physically apprehended him, a seizure occurs when an officer approaches someone with an intent to seize the person.

The Fourth Amendment only protects against invasions that amount to unreasonable searches and seizures.

According to the plurality opinion of the Supreme Court in U.S. v. Mendenhall involving an airport investigation of possible drug law violations:

Which of the following criteria are used by the Supreme Court to determine whether an area falls within the curtilage of a house? I. presence of no trespassing signs II. distance from house III. use or purposes of the area IV. measures taken to prevent public view

If it's determined that the police have not engaged in a search or seizure:

According to the Supreme Court in Katz v. U.S., involving an electronic listening and recording device attached to the outside of a public telephone booth:

The police have heard vague rumors of unknown reliability that Smith is growing marijuana in a field on his farm. The field is not visible from Smith's house or from any public road. To reach the field, the police climb over a fence with "No Trespassing" signs on it. They find marijuana growing in a field on Smith's farm. They had no search warrant. This search is constitutional under the open fields doctrine.

The right of citizens to come and go as they please is called ________________.

The special protection accorded by the Fourth Amendment to persons, places, papers, and effects does not include protection for:

In order to establish that property has been abandoned, it must be shown that: I. the owner physically gave up possession of the property. II. the owner announced he or she was abandoning the property. III. the owner intended to give up any expectation of privacy in the property. IV. the property had been altered in such a way that it could not be used for its Intended purpose.

According to the privacy doctrine, the Fourth Amendment protects places, not persons.

An officer who smells marijuana as he drives by a car with an open window:

According to the Supreme Court in Katz v. U.S., involving the use of an electronic listening device on the outside of a public telephone booth by the police: I. the Fourth Amendment did not create a general constitutional right to privacy. II. protection of a person's general right to privacy is left largely to the law of the individual states. III. what a person knowingly exposes to the public is not subject to Fourth Amendment protection. IV. what a person seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.

In California v. Ciraolo (1986), a case involving the police using a plane to fly 1000 feet over Ciraolo's yard to see if he was growing marijuana, the Supreme Court ruled: