Deck 3: Fourth Amendment

Question 1

The use of the phrase "of the people" in the Fourth Amendment is interesting because it is not used in any other amendment.

Answer 1

False

Question 2

The first clause in the Fourth Amendment is considered as the warrant clause.

Answer 2

False

Question 3

The Fourth Amendment prohibits warrantless searches.

Answer 3

False

Question 4

What constitutes a "reasonable expectation of privacy" is a subjective test.

Question 5

Items in plain view are not considered as a search because there is no reasonable expectation of privacy in such items.

Question 6

To constitute a search under the Fourth Amendment, there must be a government intrusion.

Question 7

A compelled intrusion into the body for blood to be analyzed for alcohol content" is deemed a Fourth Amendment search.

Question 8

An essential purpose of a warrant requirement is to protect privacy interests by assuring citizens subject to a search or seizure that such intrusions are not the random or arbitrary acts of government agents.

Question 9

The Fourth Amendment's prohibition on unreasonable searches and seizures applies to searches conducted by public school officials.

Question 10

The Supreme Court presently uses the "property approach" to determine if a search has occurred.

Question 11

Probable cause for an arrest warrant is shown if a person of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion of the guilt of the accused.

Question 12

Probable cause to arrest may exist even though there may be some room for doubt as to the person's guilt.

Question 13

An attorney general for a state may issue a warrant because he or she is the chief criminal justice officer for the state.

Question 14

A search warrant is valid for only a limited time, whereas an arrest warrant is valid until the warrant is recalled.

Question 15

A hearing to determine if the police used false information to obtain a warrant is called a Franks hearing.

Question 16

Which of the below items is not a listed protection in the Fourth Amendment?

A) persons
B) houses
C) businesses
D) papers
E) effects

Question 17

The present definition of what constitutes a search was established by the Supreme Court in what case.

A) Draper v. United States
B) Katz v. United States
C) Illinois v. Gates
D) Sampson v. California

Question 18

Under the present definition of a search, which of the below is not required?

A) a government intrusion
B) criminal activity
C) intrusion into an area where a person has a reasonable expectation of privacy
D) All the above are required to constitute a search.

Question 19

Which of the below activities would not be considered a search by a police officer?

A) The opening and visually examining the contents of the storage unit.
B) The aerial observation of marijuana plants in a back yard by an airplane pilot.
C) Opening the trunk of an automobile that has been stopped.
D) All the above would be considered as a search.

Question 20

The Supreme Court provided us with a working definition of probable cause in which case?

A) Draper v. United States
B) Katz v. United States
C) Illinois v. Gates
D) Sampson v. California

Question 21

The Supreme Court established "the totality of circumstances" test for testing the creditability of informants in which case?

A) Draper v. United States
B) Katz v. United States
C) Illinois v. Gates
D) Sampson v. California

Question 22

Which of the below statements regarding a search warrant is NOT correct?

A) A search warrant is valid for only a limited time, whereas an arrest warrant is valid until the warrant is recalled.
B) If the facts in the affidavit are based on information from an informer, there must be other facts to substantiate the information or other facts that establish the trustworthiness of the informer.
C) A search warrant must describe in detail the place to be searched and the items to be seized.
D) Erroneous facts in the affidavit will not affect the validly of the warrant, if the police or person submitting the warrant had an honest and reasonable believe in the truth of the facts.
E) All the above statements are correct.

Question 23

Which of the below is NOT one of the four essential elements required for an arrest?

A) intention to arrest
B) authority to arrest
C) seizure and detention
D) voluntary submission by arrestee
E) understanding by the arrestee that he or she is being arrested

Question 24

Which of the below statements is incorrect concerning arrest warrants?

A) A warrant must describe the offense charged and contain the name of the accused, or if name is unknown, a description of the accused.
B) The warrant must indicate the time of issuance, the city or county and state where it is issued, and the duty of the arresting officer to bring the defendant before the magistrate.
C) The warrant may be acted on, by any peace officer in the jurisdiction.
D) Arrest warrants are valid only for a limited time before they expire.
E) The arrest warrant can specify the amount of bail needed by the accused to be released.
F) The officer making the arrest pursuant to a warrant need not have the warrant in his or her presence, if the officer is aware of its contents.

Question 25

The mere telling a person that he or she is under arrest is not an arrest unless it is accompanied by

A) an actual seizure of the person or by the person's submission to the officer's will and control.
B) an arrest warrant.
C) a booking.
D) a seizure.

Question 26

What are required the elements of an arrest?

Question 27

What constitutes a search?

Question 28

What are the essential items that must be in a search warrant?

Question 29

Who determines whether there is probable cause to issue a search warrant?

Question 30

What is the purpose of a Franks hearing?