Deck 12: Searches and Seizure and Privacy

Question 1

Historically, British authorities in the American colonies used general warrants and writs of assistance to:

A) Search homes, businesses, and warehouses for goods that had been smuggled into the country to avoid paying customs duties.
B) Seize able-bodied young men who were then forced to join the American military
C) Inspect residences for signs of insurrection
D) All of the above

Answer 1

A

Question 2

A ________________ was issued by a judge or government official and authorized searches anywhere, at any time, and for anything.

A) general warrant
B) writ of execution
C) writ of assistance
D) no-knock warrant

Answer 2

A

Question 3

A _____________ authorized an official of the English Crown to compel police officers and citizens to assist in a search.

A) general warrant
B) writ of execution
C) writ of assistance
D) no-knock warrant

Answer 3

C

Question 4

In 1886, the U.S. Supreme Court, adopted the property rights theory that:

A) Protected persons against an actual physical entry into the home
B) Protected persons against a physical examinations of an individual and his or her papers or possessions
C) Protected persons, houses, papers, and personal effects
D) All of the above
E) Only a and b

Question 5

In 1928, in Olmstead v. United States, the U.S. Supreme Court examined the issue of whether evidence gathered through warrantless wiretaps of home and business telephone lines was obtained in violation of the Fourth Amendment. The majority of the justices found that:

A) The evidence-conversations-was heard and did not amount to a search and seizure of a physical object.
B) The defendant had no reasonable expectation of privacy when transmitting information over telephone lines that he did not own.
C) While the telephone lines did enter the home, the wiretaps were placed outside of his home and thus did not amount to an intrusion into the home.
D) All of the above
E) Only a and c

Question 6

Which of the following statements is not an accurate statement about Katz v. United States?

A) The U.S. Supreme Court distinguished its ruling from its earlier holding in Olmstead.
B) The U.S. Supreme Court adopted an expectation of privacy test for the application of the Fourth Amendment.
C) The U.S. Supreme Court rejected the trespass doctrine, holding that the Fourth Amendment protects persons, not places.
D) The Court established a two-part test for a Fourth Amendment expectation of privacy.

Question 7

In Katz, Justice Harlan noted that people have a reasonable expectation of privacy:

A) In the home
B) In their public words
C) In their public actions
D) All of the above of above

Question 8

How did the court in Warshak v. United States handle the issue of whether a person, whose business was under criminal investigation, had a reasonable expectation of privacy in the contents of his personal e-mail account?

A) The court held that Warshak assumed the risk that the recipient of his e-mails would reveal the contents of e-mails.
B) The court found that screening e-mails for viruses or pornography does not invade an individual's content-based privacy in the e-mails and has little bearing on his expectation of privacy in the content.
C) The court found that protecting shared communications through e-mails is as important to the Fourth Amendment principles today as protecting telephone conversations has been in the past.
D) All of the above reflect the court's opinion in Warshak.

Question 9

In which of the following is there no reasonable expectation of privacy?

A) The contents of a conversation that takes place between the host and several guests at a cocktail party at the host's home
B) Comments that a person posts on a discussion forum on the office bulletin board
C) Contents of a letter received by a party who shares the letter with the neighbor
D) All of the above

Question 10

In the so-called false friends cases (Hoffa and White), all of the following represent the Court's position about conversations with informants, except:

A) The suspect has no reasonable expectation of privacy under the Fourth Amendment.
B) The suspect assumes the risk that his conversations may not remain confidential.
C) The suspect had no reasonable expectation of privacy because the conversations were neither recorded by government agents nor transmitted by electronic means.
D) The suspect assumes the risk that his conversations may be reported to the police.

Question 11

The local law enforcement agency has obtained a warrant to search Lucy's house for illegal rifles. While inside the home in the course of executing the warrant for illegal rifles, Officer Johnson notices behind a chair in the corner of the room what he thought might be several bundles of marijuana with a towel draped over them. Officer Johnson moves the chair and lifts up the towel, confirming his suspicions. Lucy challenges her arrest for possession of marijuana with intent to distribute, claiming that the drugs were found during an illegal search. Lucy's lawyer files a motion to suppress the marijuana, claiming it was the product of an illegal search. Should the marijuana be suppressed?

A) No, because it was in plain view, which is an exception to the search warrant requirement of the Fourth Amendment.
B) Yes, because Office Johnson can only search for the items that are identified in the warrant.
C) Yes, because the items were concealed behind a chair and under a towel. They were not in plain view.
D) No, because Officer Johnson was searching the home pursuant to a valid search warrant.

Question 12

In addition to the plain view doctrine, the courts have carved out all of the following exceptions to the warrant requirement of the Fourth Amendment, except:

A) The plain smell doctrine
B) The plain hearing doctrine
C) The plain taste doctrine
D) The plain feel doctrine

Question 13

The U.S. Supreme Court has divided a person's home and the land surrounding one's home into three separate categories. Which of the following is not one of the three categories?

A) The home
B) The detached garage
C) The curtilage
D) The opens fields

Question 14

The U.S. Supreme Court has identified four factors to help a police officer distinguish curtilage from open fields. Those four factors are:

A) Enclosure, size, distance, and function
B) Distance, enclosure, function, and protection
C) Enclosure, function, size, and protection
D) Function, purpose, size, and enclosure

Question 15

Which of the following statements is true about Fourth Amendment protections extending to open to open fields?

A) The Fourth Amendment protects "persons, houses, places, and effects" but is not intended to protect open fields.
B) The Fourth Amendment protects open fields as "places" identified by the Fourth Amendment.
C) The Fourth Amendment does not protect open fields because they lack a reasonable expectation of privacy.
D) The Fourth Amendment does not protect open fields because they are more accessible to the public.

Question 16

Which of the following statements is correct?

A) A person has the highest expectation of privacy in his or her own home.
B) A person has the same expectation of privacy in his or her home as he or she does in the area immediately surrounding the home.
C) A person has no reasonable expectation of privacy on his or her front porch that is open to the street.
D) A person has a reasonable expectation of privacy in all the land the he or she owns surrounding his or her home.

Question 17

The police helicopter was flying at about 400 hundred feet when it passed over Mark's yard. The passenger in the helicopter, also a police officer, looked down and saw marijuana growing in a greenhouse that was in Mark's fenced back yard, located about 10 yards from Mark's house. The police officer took photos of the marijuana, which she then used to obtain a search warrant. The police executed the warrant and seized the marijuana. Can the evidence be used against Mark at trial?

A) Yes, because the evidence relied on to obtain the warrant, while located in the curtilage of Mark's home and in a fenced yard, was in plain view of the police officer when the officer flew over the home.
B) Yes, because the marijuana was in an open field, and Mark had no reasonable expectation of privacy in the open field.
C) No, because the greenhouse was located in the curtilage of Mark's home, where Mark had a reasonable expectation of privacy, prompting the need for a warrant before the area could be searched.
D) No, because the warrant lacked probable cause, and the search was illegal under the Fourth Amendment.

Question 18

Ken was growing marijuana in his back yard in what was once his in-ground swimming pool. His entire yard is surrounded by a 6 foot high wooden privacy fence, and there is a 6 foot high fence around the former pool area inside the fenced yard. Officer Smith was conducting aerial surveillance of another property when his aircraft flew over Ken's home and yard, and he spotted Ken's marijuana garden. Officer Smith took photos, which he used to secure a warrant. The warrant was executed, the marijuana plants were seized, and Ken was arrested. Can Ken have the marijuana plants suppressed?

A) Yes, Ken had a reasonable expectation of privacy in his backyard, evidenced by the "garden" having two fences to prevent intrusion from others.
B) No, the plants were in plain view from Officer Smith's vantage point in the aircraft, and therefore Ken had no reasonable expectation of privacy in the area.
C) Yes, the plants were in growing in the curtilage of Ken's home, an area where Ken had a higher expectation of privacy.
D) No, the plants were in the open, and there was no expectation of privacy since they lacked any form of coverage to obscure them from aerial observation.

Question 19

Which of the following statements is correct?

A) Once probable cause is established through aerial surveillance that contraband can be found in a person's yard, the officer does not need a warrant to enter the property and seize the contraband.
B) Contraband that is discovered through aerial surveillance can be used to establish probable cause to obtain a search warrant to enter the property and seize the contraband.
C) Aerial surveillance can be used to detect the existence of contraband in one's yard, but a warrant is still required to enter the property to seize the contraband.
D) Both b and c are correct.
E) None of the above are correct.

Question 20

Which of the following reflects the U.S. Supreme Court's view on police reliance on technology to obtain a warrant?

A) Technology may be used without a search warrant to enhance observation of an area or object already in plain view.
B) Technology may not be used without a warrant founded on probable cause to engage in the surveillance of the interior of a home in order to detect activity that otherwise would not be revealed without physically entering the home.
C) Technology cannot be used without a search warrant to enhance any object located in the home or curtilage.
D) Only a and b are correct.

Question 21

In United States v. Karo, the police planted a beeper in a can of ether so they could electronically monitor the beeper once the can was taken inside the home. The police wanted to verify that the can remained in the home while they obtained a search warrant. How did the U.S. Supreme Court view the police use of technology?

A) The Court found that, since the officers did not physically enter the home without a warrant, this was an acceptable method of tracking evidence without invading a person's Fourth Amendment right to privacy.
B) The Court found that, while the officers did not physically enter the home without a warrant, the use of technology in this manner was the same as if the officers had entered the home.
C) The Court found that the means justified the ends, and that there was minimal intrusion into the home to accomplish a greater good.
D) The Court found that because the home owner was not aware of the device in his home, the owner did not suffer from a violation of his Fourth Amendment right to privacy.

Question 22

Which of the following are not considered a public place?

A) Streets
B) Parks
C) Monuments
D) All of the above are considered not to be public places.

Question 23

In which of the following places can the police enter without a warrant?

A) A business that is open to the public
B) The employee break room of a business that is open to the public
C) The employee offices of a business that is open to the public
D) None of the above can be entered without a warrant.

Question 24

Factors considered by the court in determining whether or not property was abandoned include:

A) Where the property was found
B) The condition of the property
C) The type of property
D) All of the above

Question 25

In the following situations, which of the actions by the police officer would not constitute a search?

A) A police officer opening your luggage
B) A police officer going through your trash
C) A police officer entering your home
D) A police officer reading your mail

Question 26

To determine if an interaction between a police officer and a civilian is an encounter or a seizure, the courts apply the ____________ test.

A) Clear and convincing evidence
B) Totality of the circumstances
C) Preponderance of the circumstances
D) Reasonable suspicion

Question 27

Circumstances that might indicate a seizure under the Fourth Amendment include:

A) The threatening presence of several police officers
B) The display of a weapon by a police officer
C) The officer's tone of voice
D) All of the above

Question 28

A(n) ___________________ occurs when a police officer intentionally takes physical hold of the individual with the intent to prevent the individual from leaving.

A) physical seizure
B) show of force seizure
C) use of force seizure
D) official command seizure

Question 29

A(n) ____________________ occurs when law enforcement officers demonstrate their authority through conduct that would lead a reasonable person not to feel free to leave or terminate the encounter.

A) physical seizure
B) show of force seizure
C) use of force seizure
D) official command seizure

Question 30

In Immigration and Naturalization Service v. Delgado, the Court held that the actions by the Immigration and Naturalization Service (INS) did not constitute a seizure under the Fourth Amendment because:

A) INS was questioning workers about their legal status, and illegal aliens do not have protections under the Fourth Amendment.
B) The INS sweep only lasted 2 hours, and this short duration falls outside the protections of the Fourth Amendment.
C) The workers were free to move about the workplace and stayed because of their dedication to their job, not because of police action.
D) The Fourth Amendment is designed to protect against police misconduct and does not apply to INS agents.

Question 31

In Florida v. Bostick, the U.S. Supreme Court held that the proper inquiry to make to determine if Bostick was seized by the agents who boarded the bus and searched Bostick's luggage after Bostick gave them consent to do so is:

A) In light of the totality of the circumstances, would a reasonable person feel free to decline the officer's request or terminate the police encounter?
B) Was there clear and convincing evidence that was seized by the police, and did he give consent for them to search his luggage search to prevent the use of force against him?
C) Given the location of the police activity, would a reasonable person have been able to pick up their luggage and leave the bus?
D) Was the boarding and searching of the bus of such duration that the police activity constituted a seizure?

Question 32

The primary purpose of searches and seizures of law enforcement officers is to collect items that will assist law enforcement in the investigation of unlawful activity.

Question 33

The contents of a conversation in the office break room with several colleagues are protected by the Fourth Amendment reasonable expectation of privacy.

Question 34

The Fourth Amendment is directed at searches and seizures by the government and by anyone who conducts these activities in a manner that invades your right to privacy

Question 35

The police enter Craig's office while he is busy with a customer and take a peek at Craig's accounting records. Craig's accounting records are protected by the Fourth Amendment against unreasonable searches and seizures.

Question 36

The issue before the Court in Katz was whether Katz had a reasonable expectation of privacy when making a call from a glass-enclosed telephone booth.

Question 37

In Katz v. United States, Justice Harlan wrote a dissenting opinion in which he established a two-part test for a Fourth Amendment expectation of privacy.

Question 38

In the so-called false friend cases, the Court took the position that a person assumes the risk that the person he or he is communicating with may be working as a government agent or informant.

Question 39

An individual who exposes an object to plain view loses his or her reasonable expectation of privacy.

Question 40

In addition to the plain view exception to the Fourth Amendment warrant requirements, courts have also recognized the plain smell exception.

Question 41

Police officers need no warrant or probable cause to enter an open field.

Question 42

Officer Henry is flying over Nate's home when Officer Henry spots what he believes to be marijuana growing in Nate's backyard. Officer Henry zooms in to get a better look and confirms it is marijuana. He quickly snaps two photos and then uses the photos to establish probable cause for a warrant. Officer Henry's actions violated Nate's Fourth Amendment right to privacy.

Question 43

Betty operates a small eat-in pizzeria. The area where the customers place and pick up their orders is considered a public place, and police can seize items from this area without first obtaining a warrant.

Question 44

People have no reasonable expectation of privacy in garbage placed on the curb awaiting pickup by the trash collector.

Question 45

The courts use the totality of the circumstances test to distinguish an encounter from a seizure.

Question 46

Under the Fourth Amendment there are two types of seizures: physical seizures and psychological seizures.

Question 47

What is the two-part test for a Fourth Amendment expectation of privacy developed in Katz?

Question 48

The plain view exception to the Fourth Amendment warrant requirement allows a police officer to seize an item without a search warrant under what two conditions?

Question 49

Molly has been stopped by the police for questioning. When Molly attempts to end the questioning and leave, the police officer tells her to "sit down." What criteria would be applied to determine if Molly is seized under the Fourth Amendment?

Question 50

What test does the Court use to distinguish an encounter form a seizure under the Fourth Amendment?

Question 51

In Oliver v. United States, the Court explained that there are two good reasons why open fields are not provided with Fourth Amendment protection and lack an expectation of privacy. Explain the two reasons?

Question 52

Compare and contrast the facts and the Court's ruling in the Hoffa v. United States case with that of the Court in United States v. White.

Question 53

Discuss the key legal developments in the police reliance on technology to obtain information sufficient to establish probable cause for a warrant.

Question 54

Becca was being questioned by two police officers who were investigating Becca as a possible participant in a "smash and grab" burglary at a local clothing boutique. After 10 minutes of intense questioning by the officers, Becca had enough and attempted walk away from the officers. One of the officers stepped in front of Becca, his hand on the butt of his handgun. Becca dismissed her plans to leave the scene and end the questioning. Discuss whether or not Becca was seized under the Fourth Amendment, analyzing the fact pattern under each of the two types of seizures.