Deck 2: Search and Seizure

Question 1

The Fourth Amendment provides the right of the people to be secure in their:

A) persons.
B) houses.
C) papers.
D) All of the above are correct.
E) Only B and C are correct.

Answer 1

Only B and C are correct.

Question 2

The drafters of the Bill of Rights were influenced by:

A) our English heritage.
B) the misuse of the criminal justice system by the colonies.
C) a belief in the limited role of government.
D) All of the above are correct.

Answer 2

All of the above are correct.

Question 3

The Fourth Amendment deals with:

A) searches.
B) seizures.
C) searches and seizures of persons.
D) searches and seizures of property.
E) All of the above are correct.

Answer 3

All of the above are correct.

Question 4

The exclusionary rule was applied to the states by the case of:

A) Wolf v. Colorado.
B) Leon v. United States.
C) Mapp v. Ohio.
D) All of the above.

Question 5

The major purpose of the exclusionary rule is:

A) to protect the rights of defendants.
B) to prevent the police from prosecuting defendants.
C) the deterrence effect.
D) None of the above are correct.

Question 6

The "fruits of the poisonous tree" doctrine applies to:

A) arrests.
B) confessions.
C) searches.
D) All of the above.

Question 7

In the case of Wong Sun v. United States, the Supreme Court held that:

A) the exclusionary rule was not applicable when the government learns of the evidence from a source independent of any taint.
B) not all evidence is automatically barred simply because it may have been gathered in violation of the Constitution.
C) illegally obtained evidence may be admitted if it could have been obtained by means sufficiently distinguishable to be purged of the primary taint of illegality.
D) All of the above statements are correct.

Question 8

In the case of Katz v. United States, the Supreme Court expanded the scope of the Fourth Amendment by:

A) establishing an expectation of privacy zone.
B) holding that the Fourth Amendment protects property interests.
C) establishing a good faith rule.
D) All of the above are correct.

Question 9

The test for any expectation of privacy is based upon the requirement that:

A) a person exhibit an expectation of privacy.
B) the expectation of privacy is one that society is prepared to accept.
C) a person exhibit an actual, but not subjective, expectation of privacy.
D) Both A and B

Question 10

The below-named judicial officer may issue a valid search warrant:

A) state attorney general.
B) federal attorney general.
C) a neutral and detached magistrate.
D) a state senator.

Question 11

Abandonment, plain view, and open fields are:

A) exceptions to the hearsay rule.
B) exceptions to the Fourth Amendment.
C) Supreme Court cases.
D) not important to an understanding to the Fourth Amendment.

Question 12

What area(s) may a spouse give consent to search without the other spouse being present?

A) The family residence
B) A child's room
C) The garage
D) All of the above

Question 13

Which of the following is NOT an exception to the 4th Amendment?

A) Plain view
B) Open fields
C) Residential curtilage
D) Incident to arrest

Question 14

This concept holds that the seizure of illegal evidence which is visible to a police officer if the officer's access to the object has a Fourth Amendment justification is acceptable.

A) Stop and frisk
B) Independent source
C) Exigent circumstances
D) Plain view

Question 15

Which of the following is an exception to an individual's expectation of privacy in a fenced backyard?

A) The open air above the yard visible to an airplane or helicopter
B) The curtilage around the fence
C) A building located inside the fenced backyard
D) A back patio

Question 16

If a police officer enters a business during normal business hours and opens a door marked private and observes criminal activity, that activity falls under the ________ zone of privacy rule, and it would be deemed an illegal search.

A) Katz
B) Terry
C) Mapp
D) Johnson

Question 17

Federal rules do NOT recognize an expectation of privacy in these types of records.

A) Business
B) Financial
C) Telephone
D) All of the above

Question 18

This U.S. Supreme Court held that police may use a drug-sniffing dog around the outside of a vehicle during a routine traffic stop even when police have no grounds to suspect illegal activity.

A) Illinois v. Caballes
B) Terry v. Ohio
C) Arizona v. Gant
D) United States v. Karo

Question 19

In ________, the Supreme Court held that the use of a beeper attached to the suspect's car was not a search within the scope of the Fourth Amendment because it did not infringe on any privacy interest and conveyed no protected information.

A) Illinois v. Caballes
B) Terry v. Ohio
C) Arizona v. Gant
D) United States v. Karo

Question 20

The inspections and regulator searches use a balancing test. Which of the following is NOT part of that test?

A) Whether the practice has a long history of judicial and public acceptance
B) Whether the practice is necessary to achieve acceptable results
C) Whether the practice involves a relatively limited invasion of privacy
D) Whether there is probable cause

Question 21

From a criminal procedure perspective, the ________ and ________ Amendments contain the most important language in existence within the U.S. legal structure.

A) Fourth & Fifth
B) First & Fourth
C) Fifth & Sixth
D) First & Eighth

Question 22

The Fourth Amendment does not protect a person's papers.

Question 23

In 1914, the U.S. Supreme Court established the exclusionary rule for federal courts.

Question 24

The Fourth Amendment deals with seizures of property, but not persons.

Question 25

Wolf v. Colorado applied the exclusionary rule to state civil proceedings.

Question 26

The "fruits of the poisonous tree" doctrine applies only to arrests and not searches.

Question 27

There are no exceptions to the Fourth Amendment requirements.

Question 28

If a party consents to a search, he or she is not protected by the Fourth Amendment as to that search.

Question 29

Chimel v. California discussed the permissible scope of a search incident to an arrest.

Question 30

The plain view doctrine is a judicially established exception to the Fourth Amendment.

Question 31

A person's garbage bags left on a public sidewalk may be searched without a warrant.

Question 32

The Supreme Court has upheld a school district's policy of requiring random drug testing as a condition for participating in interscholastic activities.

Question 33

Probable cause is a subjective test.

Question 34

Some jurisdictions allow warrants to be executed only within a limited number of days after issuance.

Question 35

In Illinois v. Gates, the Supreme Court later adopted a "totality of the circumstances" analysis that traditionally
has been used in probable cause determinations.

Question 36

A magistrate cannot receive any funds for issuing a warrant.

Question 37

When the U.S. Constitution was being drafted and considered by our forefathers, very little, if any, thought was given to including a declaration of rights for individual citizens.

Question 38

In 1914, the U.S. Supreme Court decided Weeks v. United States that established the ________ and its applicability to the federal government.

Question 39

The ________ Amendment deals with the seizures of both persons and property.

Question 40

Exceptions to the Fourth Amendment include consent, the Plain View Doctrine, and ________.

Question 41

There is a lesser expectation of privacy when dealing with ________.

Question 42

Constitutional protections are given for the right of the people to be secure in their persons, houses, papers and ________.

Question 43

The Fourth Amendment deals with the ________ of both persons and property.

Question 44

In the leading case of ________, the Supreme Court expanded the scope of the Fourth Amendment by establishing an "expectation of privacy zone" that is protected by the Constitution.

Question 45

If search is based on ________, the officers must search in accordance with the terms of the warrant.

Question 46

The courts have considered that a visit by ________ to a welfare recipient's home does not constitute a search within the meaning of the Fourth Amendment.

Question 47

The Court held that searches at the ________ are per se reasonable because of the right of a sovereign nation to protect itself by stopping and searching persons and property entering its soil.

Question 48

What rights are protected by the Fourth Amendment to the U.S. Constitution?

Question 49

Explain an anticipatory warrant.

Question 50

What is meant by the "expectation of privacy zone"?

Question 51

Explain the rationale behind the exclusionary rule.

Question 52

Explain the concept of what constitutes a search.