Deck 3: The Definition of Searches and Seizures

Question 1

In which of the following situations DOES there exist an expectation of privacy?

A)Standing on the street and looking into the living room through open curtains.
B)Climbing over a backyard fence.
C)Observing someone carrying a briefcase.
D)Overhearing a conversation on the street.

Answer 1

B

Question 2

In California v.Greenwood (1988),the Supreme Court held:

A)there is no reasonable expectation of privacy in the trash we place in the waste baskets located in our homes.
B)there is no reasonable expectation of privacy in the trash we place in bags/cans we place outside for pick- up on the front curb of our homes.
C)there is a reasonable expectation of privacy in the trash we place on the front curbs outside our homes because the trash is still on our property.
D)there is no reasonable expectation of privacy in trash unless we have shredded it.

Answer 2

B

Question 3

The Supreme Court has held that citizens have no reasonable expectation of privacy in which of the following?

A)Telephone conversations.
B)Bank records.
C)Private papers.
D)Letters given to the post office.

Answer 3

B

Question 4

Justice Black,in his dissenting opinion in Katz v.U.S. ,claimed that:

A)the Fourth Amendment's words did not support the majority and that the Court was expanding the meaning of the Fourth Amendment to keep up with the times.
B)the Fourth Amendment created a general right of privacy.
C)the Fourth Amendment was meant to protect against eavesdropping.
D)the Fourth Amendment created a general right of privacy and was meant to protect against eavesdropping.

Question 5

Which of the following is NOT a show of authority seizure?

A)Setting up a roadblock
B)The presence of several officers
C)Flashing an emergency light
D)Following a pedestrian in a police car

Question 6

In Illinois v.Caballes,the Supreme Court ruled that:

A)Drivers of automobiles have a reasonable expectation of privacy that protects them from the use of drug- sniffing dogs without a warrant.
B)Drug-sniffing dogs can only be used if there is reasonable suspicion the driver has narcotics.
C)Drug-sniffing dog searches are prone to many errors and are so intimidating that officials must have probable cause to use them.
D)The use of well-trained drug-sniffing dogs to expose contraband items that would remain hidden in a routine traffic stop,does not intrude on a driver's reasonable expectation of privacy and the Fourth Amendment does not apply.

Question 7

What is needed to establish that government action is a search?

A)The societal recognition that a personal expectation of privacy is reasonable.
B)Societal recognition that a personal expectation of privacy is reasonable and the exhibition of a personal subjective expectation of privacy.
C)Actual trespass into an area.
D)Mere governmental intent to conduct a search.

Question 8

According to the plain view doctrine:

A)plain view is an exception to the search warrant requirement.
B)plain view is a Fourth Amendment search.
C)plain view observations always fall outside of the Fourth Amendment restrictions.
D)once in plain view,an item may be searched to confirm that it is able to be seized.

Question 9

What effect has the Fourth Amendment search and seizure conditions had on American criminal procedure?

A)It has assisted in protecting a notion of privacy for individuals.
B)It has given the police unrestricted abilities to conduct searches.
C)It has greatly limited personal expectations of liberty in public places.
D)It has guaranteed that law enforcement can act arbitrarily to gather facts.

Question 10

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

A)cannot compel the driver to stop the car so he can investigate without a warrant.
B)is limited to noting the license plate number of the vehicle and initiating a stake­out of the owner's home in order to gather additional evidence.
C)is authorized to stop the car to investigate without a warrant or probable cause because it is a plain search and outside the scope of the Fourth Amendment.
D)is authorized to stop and investigate because he has probable cause under the Fourth Amendment.

Question 11

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

A)gave officers blanket authority to completely search a particular shop or home.
B)found favor in the American colonies because they were more restrictive than a warrantless search.
C)gave the person with the writ authority to enter any house for the entire life of the monarch.
D)were repealed in the American colonies by the Stamp Act.

Question 12

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

A)the Fourth Amendment applies only in part to the officer's actions.
B)the due process clause has been violated.
C)the police actions are not subject to the Fourth Amendment's requirements.
D)according to the exclusionary rule,the search or seizure is inadmissible.

Question 13

Until 1967,the U.S.Supreme Court defined searches mainly according to property law.According to the ,to qualify as a search,officers had to invade physically a "constitutionally protected area."

A)constitutionality doctrine
B)privacy doctrine
C)trespass doctrine
D)reasonable expectation of privacy doctrine

Question 14

In which case did the court rule that a person's right to privacy outweighed their location? That is,the person's expectation of privacy as opposed to the place that would have an expectation of privacy?

A)Tennessee v Garner
B)Mapp v Ohio
C)Katz v U.S.
D)Miranda v Arizona

Question 15

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:

A)the Fourth Amendment protects people,not places.
B)a subjective expectation of privacy confers the Fourth Amendment's protection.
C)there is no search unless there has been a physical intrusion into a place.
D)eavesdropping on a public phone booth is not a search.

Question 16

According to the Supreme Court in Smith v.Maryland (1979),a person does not have a reasonable expectation of privacy in:

A)his or her personal diary.
B)telephone conversations.
C)the telephone numbers that they dial.
D)the briefcase they carry in a public place.

Question 17

In Terry v.Ohio (1968),the U.S.Supreme Court ruled on:

A)stop and frisk
B)the open field doctrine
C)the plain view doctrine
D)the privacy doctrine

Question 18

According to the Supreme Court opinion in U.S.v.White (1971),involving a friend wired for sound to the police:

A)a defendant has a constitutionally protected expectation that a person he is conversing with will not reveal the conversation to the police.
B)a person contemplating illegal activities must realize and risk that his friend may be reporting to the police.
C)a suspect's friend may relate the substance of conversations between the two without violating the Fourth Amendment,but the amendment is violated if the friend records those conversations for the police without a warrant.
D)anytime electronic devices are used to obtain evidence,a search warrant is required.

Question 19

The first part of a writ of assistance,where royal agents can search anyone,anywhere,anytime,is referred to as a warrant.

A)general
B)constitutional
C)privacy
D)specific

Question 20

In U.S.v.White,involving incriminating statements heard by law enforcement because of warrantless electronic eavesdropping of defendant White's co­conspirator,the Supreme Court held that:

A)live participant monitoring was reasonable under the Fourth Amendment,but electronic eavesdropping was not.
B)White had no reasonable expectation of privacy in his conversation with the co-conspirator.
C)three-party bugging jeopardizes our sense of security and therefore was unreasonable.
D)the use of government informants in the respondent's home violated the Fourth Amendment.

Question 21

An officer who uses a flash light to look inside the front seat of a locked,illegally parked automobile on a public street and notices a bag of marijuana on a front seat has:

A)conducted an illegal search because he enhanced his normal senses with a flashlight.
B)conducted an illegal search because he looked into the windows of a locked car.
C)not conducted a search at all and his actions are not in violation of the Fourth Amendment because the marijuana was in plain view.
D)conducted a legal search because under the Fourth Amendment he can use a flashlight.

Question 22

The use of a roadblock to screen drunk drivers on a public roadway is an example of a Show of__________________seizure.

A)Intent
B)Purpose
C)Authority
D)Force

Question 23

Police used a thermal imager to scan Kyllo's home because they had information that he was growing marijuana in his home.Officers did not have a warrant and claimed the search was in plain view.The Supreme Court ruled that:

A)use of a thermal imager did not alter the fact that the officers observed the marijuana in plain view.
B)use of a thermal imager to explore details of a home that in the past would have been unknown without a physical intrusion into the home is a search and subject to Fourth Amendment requirements.
C)thermal imagers are common devices and,therefore,the search was in plain view.
D)the use of a thermal imager is always illegal.

Question 24

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:

A)the plane enhanced the police officer's natural vision and,therefore,the Fourth Amendment was implicated and the officers should be held to the probable cause and warrant requirements.
B)the plane enhanced the officer's vision but they had probable cause based on other evidence.
C)the plane didn't enhance the officer's vision,therefore it was a plain view search outside the purview of the Fourth Amendment.
D)the Fourth Amendment restricts officers from using airplanes to search for drugs.

Question 25

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

A)A man throws away an empty soda can after finishing the drink inside it.
B)A woman closes her purse but in doing so unknowingly drops her wallet out of it.
C)A person being chased by the police throws away a gun.
D)A person places notes for a letter in a basket to be sent to the paper shredder.

Question 26

Which of the following places is/are not likely to be considered part of the curtilage?

A)A garage
B)A pool
C)Warehouses on the same property
D)A porch

Question 27

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

A)telephone calls.
B)curtilage.
C)offices.
D)open fields.

Question 28

In Florida v.Bostick (1991),the court had to address when a person was 'stopped' when the person involved was:

A)the driver of a car stopped pursuant to a traffic stop.
B)a passenger in a car stopped pursuant to a traffic stop.
C)a passenger on a public bus boarded by police agents.
D)a traveler in a public airport terminal.

Question 29

According to the Supreme Court,a police officer is permitted to use drug sniffing dogs during a routine stop for a traffic violation:

A)because the driver of the car does not have a reasonable expectation of privacy while lawfully stopped.
B)only if the officer can establish probable cause that the driver has contraband in the car.
C)only if the officer has probable cause and a search warrant.
D)only if the driver has consented to the search.

Question 30

In California v.Hodari D.(1991),a juvenile dropped the drugs he was carrying before actually being 'seized' by police.What was the key issue in this case?

A)The prosecution said since the defendant was being pursued chased by the police,the chase itself constituted a 'seizure' under the Fourth Amendment.Thus charging them with possession of the drugs was legitimate.
B)That the recovery of the drugs was considered 'constructive possession.'
C)That the real issue was that officers had actually seen him throw the drugs away.
D)That he was 'not' actually seized under the Fourth Amendment until he had actually been subdued or submitted to the police,thus the drugs were not admissible.

Question 31

In practice,searches and seizures sometimes serve to protect police officers.

Question 32

The point at which an actual seizure occurs is when police:

A)physically grab a person with the intent to keep them from leaving.
B)display their authority by ordering a suspect to stop.
C)draw their weapons and announce that the person is under arrest.
D)stop an individual and hand-cuff them.

Question 33

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

Question 34

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

Question 35

In California v.Hodari D.(1991),the Supreme Court ruled:

A)a seizure cannot occur if the suspect does not yield.
B)a show of authority stop by police is sufficient to establish a seizure occurred.
C)a show of authority is sufficient to establish that a suspect is not free to leave.
D)a warning shot is required to establish a seizure occurred and the suspect continues to flee.

Question 36

The discovery of evidence by means of a law enforcement officer's ordinary senses in any place where the officer
has a lawful right to be is not a search.

Question 37

The US.Supreme Court has held that citizens have a reasonable expectation of privacy in the telephone numbers they call.

Question 38

The two­pronged test of privacy to determine whether or not a police action is actually a 'search' is referred to as the:

A)Subjective and Objective Privacy tests
B)Moral and Legal Privacy tests
C)Prosecutorial and Defense Privacy tests
D)Habeas Corpus and the Corpus Delicti tests

Question 39

The Fourth Amendment does not protect what the senses perceive in public places.Public places do NOT include:

A)public parks.
B)private businesses open to the public.
C)streets.
D)employees-only areas of private businesses.

Question 40

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

A)voluntary cooperation is determined by whether the agents actually tell citizens they are free to leave.
B)seizure is determined by whether reasonable persons,under the circumstances,would feel or honestly believe they are not free to go.
C)a person is seized whenever they are moved from the place where the encounter with the police occurs.
D)a person is not seized unless the officer tells the person he or she has been arrested.

Question 41

Justice Black,dissenting in Katz v.United States,argued that the Fourth Amendment was meant to only extend protection to tangible things and places.

Question 42

Looking through abandoned property is not a Fourth Amendment search.For property to be considered abandoned,there must be_________to throw the property away and acts that prove this.

Question 43

The rule that detection by means of the ordinary senses is not a Fourth Amendment search is known as the
doctrine.
__________

Question 44

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

Question 45

The Fourth Amendment protects abandoned property.

Question 46

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

Question 47

Historically,the English King was able to employ Writs of Certiorari to arbitrarily search private citizens anywhere and at any time.

Question 48

The U.S.Supreme Court created the two-prong evaluation of privacy expectations in Katz v.U.S.(1967).

Question 49

When a police officer grabs a citizen with the intent to stop that person,that is called a(n)
.

Question 50

According to the Supreme Court opinion in California v.Greenwood involving incriminating evidence found in
defendant's trash,citizens have a reasonable expectation of privacy in their trash.

Question 51

A Fourth Amendment seizure occurs when the suspect feels a moral duty to cooperate with police.

Question 52

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.

Question 53

The concept that a search requires a physical invasion into a constitutionally protected area is called the
doctrine.

Question 54

The open fields doctrine protects land from intrusion where owners have put up "no trespassing" signs.

Question 55

The US Supreme Court has held that a citizen can have a reasonable expectation of privacy in telephone conversations.

Question 56

The Fourth Amendment protects against unreasonable searches and seizures by the_________.

Question 57

The statement that the Fourth Amendment protects persons,not places,when those persons have a reasonable expectation of privacy describes the_________doctrine.

Question 58

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

Question 59

For Fourth Amendment purposes,privately owned land not in included within the area immediately surrounding the home is called_________.

Question 60

_________ is the right to be let alone from government invasions.

Question 61

Identify the two conditions that can turn an encounter with the police into a Fourth Amendment seizure.

Question 62

Why can plain-view searches be called nonsearches? Identify and describe the situations when the three conditions of the plain-view doctrine apply.

Question 63

Why is there no reasonable expectation of privacy in open fields? Why does the open fields doctrine apply even
when owners post a "No Trespassing" sign?

Question 64

Identify and give an example of each of the two elements that determines whether property is abandoned for Fourth Amendment purposes.

Question 65

Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.