Deck 3: Searches and Seizures

Question 1

The Fourth Amendment protects individuals against unreasonable searches and seizures in all of the following areas except ______.

A)private property
B)houses
C)papers
D)persons

Answer 1

A

Question 2

Which of the following U.S.Supreme Court cases adopted the property rights or trespassory approach?

A)Olmstead v.United States
B)Boyd v.United States
C)Katz v.United States
D)Goldman v.United States

Answer 2

B

Question 3

In old England, general warrants were used to search ______.

A)certain places regarding a certain crime
B)certain places and people regarding a certain crime
C)any place regarding a certain crime
D)any place for any reason at any time

Answer 3

D

Question 4

For an intrusion to occur, there must be ______.

A)bodily harm
B)physical entry
C)intent to rob
D)instrumentalities of a crime

Question 5

In which of the following situations does a person have a reasonable expectation of privacy?

A)holding a conversation on a cell phone with a "false friend"
B)holding a conversation with an actual friend in a public park
C)holding a conversation with a "false friend" in a hotel room
D)holding a conversation with an actual friend in a rented apartment

Question 6

All of the following fall within the scope of protection, according to the trespassory approach except ______.

A)public businesses
B)papers
C)persons
D)houses

Question 7

Which of the following are the two conditions required to be present in order for the police to seize an item in plain view without a search warrant?

A)A crime must have been committed and the officer must have reason to believe the evidence will be found in a given location.
B)A crime must have been committed and there must be exigent circumstances.
C)The officer must be legally situated, and he must have probable cause to believe the item is evidence of illegal activity.
D)The officer must have probable cause to believe the item is evidence of illegal activity and he must knock and announce his presence before obtaining entrance through force.

Question 8

In old England, writs of assistance were used to compel citizens to ______.

A)join the army
B)join the navy
C)assist in a search
D)testify in court

Question 9

The Fourth Amendment prohibits ______ searches without a warrant.

A)"all"
B)"unconstitutional"
C)"secret"
D)"unreasonable"

Question 10

Which of the following would not be considered a "house" as interpreted by the Fourth Amendment?

A)a rented apartment
B)a rented hotel room
C)a private office complex
D)a restaurant dining room

Question 11

Prohibited substances, such as illegal narcotics, are known most commonly as ______.

A)instrumentalities of crime
B)fruits of crime
C)contraband
D)evidence

Question 12

To exercise the plain view doctrine and seize an item, an officer must have probable cause to believe that the plainly observed object is evidence of criminal activity and ______.

A)have a warrant
B)be lawfully positioned
C)be in the presence of the suspect
D)have permission to take the object

Question 13

Which of the following Amendments permits law enforcement officers to question suspects?

A)Fourth and Fifth
B)Fifth and Sixth
C)Sixth and Eighth
D)Eighth and Fourth

Question 14

An otherwise legal item taken during a theft, such as liquor from a liquor store (assuming the criminal is over 21), is known most commonly as ______.

A)instrumentalities of crime
B)fruits of crime
C)contraband
D)evidence

Question 15

The two-component test for a Fourth Amendment expectation of privacy is which of the following?

A)subjective and objective
B)show-of-authority and physical seizure
C)search and Seizure
D)trespassory approach and subpoena duces tecum

Question 16

According to the Fourth Amendment, what remedy exists should a person's Fourth Amendment rights be violated?

A)A civil lawsuit may be filed.
B)departmental disciplinary action against the officer
C)exclusion of tainted evidence from trial
D)The amendment does not address this issue.

Question 17

Which of the following is an example of an instrumentality of a crime?

A)bloody clothes
B)wallet taken during a robbery
C)marijuana
D)gun

Question 18

The majority decision in Olmstead v.United States held the wiretapping constitutional because ______.

A)the officers had obtained a warrant
B)eavesdropping is not illegal
C)the officers did not physically intrude into the home
D)the officers had gotten permission from the home's coinhabitant

Question 19

Overturning the old standard, the U.S.Supreme Court adopted which new Fourth Amendment test in Katz v.United States?

A)two-pronged "reasonableness test"
B)expectation of privacy test
C)physical trespass test
D)the average reasonable person (TARP) test

Question 20

What level of proof must be established to obtain a warrant?

A)beyond a reasonable doubt
B)probable cause
C)preponderance of the evidence
D)reasonable suspicion

Question 21

Which of the following may a law enforcement officer enter without probable cause or a search warrant?

A)the shop area of a hardware store, with an "employees only" sign posted on the wall
B)an unoccupied dressing room at a department store
C)the manager's office of a small printing company
D)the manager's office of a large, publicly traded manufacturing company

Question 22

Which of the following is an example of the expectation of privacy according to Fourth Amendment search?

A)electronic surveillance of a phone conversation
B)examination of trash in a dumpster
C)aerial surveillance of a backyard
D)entry onto farmland

Question 23

Which of the following cases presented the question of whether the use of a thermal-imaging device aimed at a private home from a public street to detect relative amounts of heat within the home constitutes a "search" within the meaning of the Fourth Amendment?

A)Texas v.Brown
B)Kyllo v.United States
C)Illinois v.Caballes
D)Carpenter v.United States

Question 24

Plain feel doctrines are usually utilized when officers conclude that suspects have ______.

A)stolen goods in their possession
B)narcotics on their persons
C)alcohol smell on their breath
D)excessive amounts of money

Question 25

Which of the following enhancement scenarios is unconstitutional?

A)using a flashlight to look through the window of a parked car at night
B)using night-vision goggles to view an unfenced curtilage at night
C)using a telephoto lens to look through a window of a private home
D)using thermal-imaging equipment to measure heat emanating from a living room

Question 26

Which of the following factors refers to whether the area is used for activities that normally are part of the home activities?

A)protection
B)function
C)enclosure
D)distance

Question 27

A warrant is required for entering which of the following properties?

A)abandoned property
B)reserved employee areas
C)open fields
D)public property

Question 28

An officer stops a car for speeding.After approaching the vehicle, he detects the distinct scent of marijuana.He notices a baggy that appears to contain marijuana on the dashboard.Can he seize the bag?

A)Yes, officers can always seize drugs.
B)Yes, the officer has probable cause to believe the bag contains contraband.
C)No, he does not have a right to be there.
D)No, the bag could contain other substances, such as oregano.

Question 29

For an officer to seize an item via the plain view doctrine, it must be ______ that the object is evidence of criminality.

A)"immediately apparent"
B)"readily apparent"
C)"patently obvious"
D)"reasonably obvious"

Question 30

According to California v.Greenwood, can police officers look through garbage left on the curb for pickup?

A)Yes, if it is outside the curtilage, it has been abandoned.
B)Yes, any garbage has "clearly been discarded."
C)Yes, but only if it is not in a garbage bag.
D)No, it remains the unabandoned property of the owner.

Question 31

All of the following are features that distinguish curtilage from open fields except ______.

A)access
B)enclosure
C)function
D)protection

Question 32

Which of the following has no expectation of privacy from aerial surveillance?

A)Backyard
B)Open fields
C)Home
D)Curtilage

Question 33

Which of the following types of land may the police enter without probable cause or a warrant?

A)open fields and public property
B)home
C)curtilage
D)a break room in a clothing department store

Question 34

Which of the following is an example of no expectation of privacy according to Fourth Amendment search?

A)examination of trash in a dumpster
B)opening luggage
C)opening and reading a private diary
D)entering a home

Question 35

Which of the following would constitute a violation of the expectation of privacy of the curtilage to a home as it applies to the Fourth Amendment?

A)using a low-flying airplane and a pair of binoculars to view the curtilage
B)peering between the slats of a wooden fence surrounding the curtilage
C)looking down over a fence around the curtilage from a tall, adjacent, public building
D)running a fiber-optic camera under a fence surrounding the curtilage

Question 36

In Texas v.Brown, the U.S.Supreme Court ruled that the use of a ______ did not constitute a Fourth Amendment search.

A)drone
B)helicopter
C)flashlight
D)beeper

Question 37

Which of the following statements pertaining to aerial surveillance is true?

A)Curtilage has a low expectation of privacy.
B)Aerial surveillance of the curtilage does not violate an individual's expectation of privacy.
C)Only a couple of states are in the process of adopting a law restricting the use of drones by law Enforcement.
D)Drone usage by law enforcement officials is permitted as not considered unreasonable when looking at curtilage from above.

Question 38

______ refers to land that is distant from the home, which the police may enter without probable cause or a warrant.

A)Home
B)Open fields
C)Curtilage
D)Backyards

Question 39

The U.S.Supreme Court divided the home and the land surrounding the home into all of the following categories except ______.

A)open fields
B)backyards and front yards
C)home
D)curtilage

Question 40

On what do judges rely when determining whether an item has been legally "abandoned?"

A)the extenuating circumstances test
B)the totality of the circumstances
C)eyewitness testimony
D)the judgment of the officer involved

Question 41

The Virginia Declaration of Rights (1776) was passed to prohibit general warrants.

Question 42

Which of the following is an example of a police officer demonstrating their authority?

A)displaying their weapons
B)allowing the suspect to move
C)requesting that the suspect voluntarily go to the police station
D)approaching the suspect

Question 43

A voluntary contact between the police and a citizen is referred to as which of the following?

A)arrest
B)seizure
C)encounter
D)sweep

Question 44

No justification is required for a(n) ______.

A)full body search
B)frisk for weapons
C)encounter
D)arrest

Question 45

When a law enforcement officer intentionally takes hold of a suspect with the intent to prevent the individual from leaving, it is considered a ______.

A)search
B)physical seizure
C)show of authority seizure
D)arrest

Question 46

On what do judges rely to determine whether a stop of a citizen constitutes a seizure?

A)the extenuating circumstances test
B)the totality of the circumstances
C)eyewitness testimony
D)the judgment of the officer involved

Question 47

Which of the following is an example of a circumstance that might indicate a seizure?

A)being approached by a police officer
B)inoffensive contact between the public and a police officer
C)the display of a weapon a police officer
D)friendly presence of a police officer

Question 48

If a search or seizure is determined to be unlawful, which of the following is the most likely result?

A)Any evidence seized would be inadmissible as fruits of the illegal seizure.
B)All evidence is still admissible when used to establish guilt.
C)The evidence is shown to only the judge, not the jury.
D)The officer will be put on administrative leave.

Question 49

The Fourth Amendment holds that people shall be secure against unreasonable searches and seizures, meaning that searches and seizures must be carried out with the support of a warrant.

Question 50

The standard of justification is ______ for a full body search for weapons or evidence.

A)reasonable suspicion
B)probable cause
C)encounter
D)arrest

Question 51

"Effects" as defined by the Fourth Amendment includes items such as clothing and computers, but not automobiles.

Question 52

The standard justification is ______for a frisk for weapons.

A)reasonable suspicion
B)probable cause
C)encounter
D)arrest

Question 53

All of the following are court-recognized categories of police-citizen interaction except ______.

A)arrest
B)detention
C)investigative stop
D)encounter

Question 54

All of the following were identified as examples of cases where the Supreme Court held that there was no Fourth Amendment seizure except ______.

A)factory sweeps
B)bus sweeps
C)vehicle surveillance
D)curtilage ground surveillance

Question 55

Which of the following statements regarding the Florida v.Bostick case is true?

A)The sweep lasted 2 hr.
B)The agents did not threaten or display their weapons.
C)Bostick did not consent to the search.
D)The agents were not armed when they boarded the bus.

Question 56

Firearms are an example of contraband.

Question 57

The level of the burden that must be satisfied to justify a stop depends on the ______.

A)experience level of the officer
B)level of interference with the individual's freedom
C)jurisdiction where the stop takes place
D)reason for which the individual has been stopped

Question 58

A ______ of or with an individual may be based on the less-demanding standard of reasonable suspicion and permits only the protective frisk of an individual's outer clothing for weapons.

A)encounter
B)arrest
C)sentencing
D)brief investigative stop

Question 59

Which of the following is a type of seizure of a suspect?

A)predicted seizure
B)perceived seizure
C)show-of-authority seizure
D)personal seizure

Question 60

Which of the following cases established the legal test for a Fourth Amendment show of force seizure?

A)Michigan v.Chesternut
B)California v.Hodari
C)United States v.Mendenhall
D)Immigration and Naturalization Service v.Delgado

Question 61

A physical seizure occurs when a law enforcement officer blocks the path of a suspect.

Question 62

Provide an example of fruits of a crime.

Question 63

To seize an item via the plain view doctrine, an officer must be legally situated and have probable cause that the object is evidence of criminal activity.

Question 64

A seizure requires a showing of either probable cause or reasonable suspicion.

Question 65

The "subjective" aspect of the Katz test holds that society recognizes the expectation of privacy to be reasonable.

Question 66

Provide an example of evidence of criminal activity.

Question 67

The greater the interference with an individual's freedom, the greater the factual burden that must be satisfied by the police to justify the stop.

Question 68

Virtually every state either has passed or is in the process of adopting a law restricting the use of drones by law enforcement.

Question 69

Police officers may enter private businesses without probable cause or a warrant but only if the
business is open to the public.

Question 70

A show-of-authority seizure occurs when an officer displays his or her weapon in order to detain an individual.

Question 71

If a person abandons a locked suitcase, the suitcase itself can be examined but not the items
inside.

Question 72

The "objective" aspect of the Katz test holds that the individual person has exhibited a personal expectation of privacy.

Question 73

The U.S.Supreme Court has also recognized a "plain feel" and "plain smell" doctrines, similar to "plain view."

Question 74

Provide an example of an instrumentality of crime.

Question 75

The distinction between a seizure and an encounter is always crystal clear.

Question 76

Curtilage has no expectation of privacy from aerial surveillance.

Question 77

Police are allowed to use a low-flying airplane to view into the curtilage, but not if they are also
using a telephoto lens or some other vision enhancer.

Question 78

Identify the four constitutionally protected areas provided by the Fourth Amendment.

Question 79

The U.S.Supreme Court has stated that when talking with a "false friend" who happens to be an undercover officer, a citizen has a reasonable expectation of privacy.

Question 80

If a landowner posts "no trespassing" signs at the entrance to an open field, such as farmland, an
officer must get a warrant to search the field.