Deck 9: Search and Seizure: History, warrant Requirements, legislative Development and the Exclusionary Rule

Question 1

An individual has a reasonable expectation of privacy in his/her own handwriting and as such law enforcement must obtain a warrant before requesting a handwriting sample from a suspect.

Answer 1

False

Question 2

Open fields have greater protection from searches under some state laws than under federal law.

Answer 2

True

Question 3

An item not named in a search warrant may not be seized during a search for named items.

Answer 3

False

Question 4

Evidence upon which a warrant is issued must be no more than a year old.

Question 5

If a computer can legally be seized,password-protected files in its memory can be searched.

Question 6

When the Fourth Amendment was first ratified it was interpreted as applying to actions by government agents both in the federal and state systems.

Question 7

The primary purpose of the Fourth Amendment is

A)to stop law enforcement from conducting searches and seizures outside the United States
B)inapplicable to search and seizures conducted by U.S.agents of property located outside the United States
C)to protect a citizens reasonable expectation of privacy and set parameters for obtaining a search warrant
D)both b and c
E)both a and b

Question 8

A Franks hearing is held to determine whether a warrant is invalid for lack of probable cause.

Question 9

One of the major criticisms of the Exclusionary Rule is that it keeps out important evidence because of police blunders or mistakes.

Question 10

The Fourth Amendment applies equally to searches by government officials and private investigators.

Question 11

An individual's reasonable expectation of privacy is most rigorously protected in one's dwelling including a house,apartment,hotel rooms,or even a tent.

Question 12

The warrant requirement under the Fourth Amendment is designed to ensure there is a decision made by an impartial individual standing between law enforcement officials and private citizens.

Question 13

No-knock entries with search warrants are always reasonable in felony drug investigations.

Question 14

Sherry lost her home and was staying in Mark's home while she tried to get back on her feet.One night the entire household was awakened by a pounding on the door.It was the police and they came into the house and searched for drugs that they believed were there.Sherry was very angry at the police action and wants to challenge the search.Sherry can challenge the search because

A)Sherry has an ownership interest in the property.
B)Sherry has automatic standing because she was present at the time of the search
C)Sherry was a permanent resident in this home
D)Sherry was an overnight (or several nights)guest in this home

Question 15

The Fruit of the Poisonous Tree Doctrine says that once evidence is excluded by use of the Exclusionary Rule any evidence derived from that original tainted evidence cannot be used to convict at trial.

Question 16

Officer Johnson was patrolling in a rural area and as he drove down one country road he saw what he believed was marijuana growing in a soybean field.He stopped the car and walked across the field to get a closer look.It was a large cultivated patch of marijuana.The marijuana was seized and the owner of the field was arrested on the appropriate drug charges.The owner of the property challenged the search claiming that a warrant was needed to do a legal search in these circumstances.The judge will agree with the property owner and exclude the evidence.

Question 17

An item named in a search warrant can be seized anywhere it is found.

Question 18

Before a search can be done,the existence of probable cause must be determined by the law enforcement official investigating the case.

Question 19

Appellate courts should consider both factual and legal issues in probable cause appeals.

Question 20

The founding fathers of this country included the Fourth Amendment in the Constitution in response to the unfettered use of a writ of assistance which had allowed British soldiers to enter homes at will prior to the American Revolution.

Question 21

Probable cause is

A)a preponderance of the evidence
B)proof beyond a reasonable doubt
C)clear and convincing evidence
D)more than a suspicion,less than justification for conviction

Question 22

A police search that violates the Fourth Amendment is the uninvited

A)observation from a sidewalk
B)entry into an apartment building foyer
C)entry into the front hallway of a house
D)observation from a porch

Question 23

Evidence included in an affidavit supporting a finding of probable cause

A)must meet standards in Federal Rules of Evidence
B)is valid no matter how old it is
C)should be based on police conclusions
D)should be weighed by the magistrate

Question 24

Illinois v.Gates established that evidence to support probable cause should include

A)the totality of the circumstances
B)the basis for the informant's conclusions
C)the credibility of the informant
D)only that which meets standards of admissibility at trial

Question 25

The Fourth Amendment protects citizens against

A)intrusive neighbors
B)violent crime
C)excessive state action
D)organized crime

Question 26

Judge Rogers regularly reviews requests for search warrants.As a way of balancing the budget,$20 is paid to the court's general fund for each warrant that is signed by Rogers or one of the other judges.Judge Rogers signed a warrant authorizing a search of Tammy's home and during the search cocaine was found.Tammy is challenging the search,arguing

A)that the payment of money means that the Judge Rogers is not neutral
B)that Judge Rogers has a conflict of interest
C)that Judge Rogers has become part of the law enforcement process
D)that by paying the fee the state has tilted the playing field in its own favor

Question 27

A person's expectation of privacy is violated by a search of

A)garbage left for pickup
B)a passenger's bag left on a bus
C)a bag in possession of a passenger
D)an abandoned house

Question 28

The Foreign Intelligence Surveillance Act requires

A)the only purpose of wiretaps is to be foreign intelligence gathering
B)Attorney General approval of surveillance orders
C)probable cause of wrongdoing
D)probable cause to believe the target is a foreign agent

Question 29

The Fourth Amendment does not apply to the use of pen registers and trap and trace devices because

A)the PATRIOT Act eliminated rights against unreasonable search and seizure
B)there is implied consent to search such devices
C)there is no expectation of privacy regarding phone numbers
D)they are only used against foreigners

Question 30

Anticipatory search warrants can be executed

A)by phone
B)without probable cause
C)before the anticipated event occurs
D)after the anticipated even occurs

Question 31

Legal execution of a warrant includes all except it

A)must usually be within a specified time period
B)must be done by police in disguise
C)may be done by breaking in a locked door
D)may be done unannounced under exigent circumstances

Question 32

Search warrants are issued by

A)the prosecutor on the basis of police information
B)the judge on the basis of probable cause
C)the clerk of the court on the basis of a signed affidavit
D)thee chief of police on the basis of probable cause

Question 33

An ___________________ is a written statement made by an individual who has sworn to tell the truth before an official legally authorized to administer an oath.

Question 34

Evidence found during an illegal search

A)is still admissible if the officers were acting in good faith
B)is generally admissible
C)is admissible only if accompanied by a confession
D)is admissible on a motion in limine

Question 35

A judge will be justified in signing a search warrant if the documentation convinces the judge that the request is supported by __________________ ___________________.

Question 36

Rights provided in the Fourth Amendment often conflict with the need for

A)judicial restraint
B)aggressive law enforcement
C)effective counsel for the indigent
D)religious values

Question 37

Sheila put some of her personal belonging in a Wal-Mart bag to carry with her while she walked through a local park.She often walked in this park even though it was known as a place where drug deals were made.As Sheila was walking,she was approached by a police officer and while he spoke with her,he casually took the Wal-Mart bag and began looking through it.Sheila protested,but the officer continued to look.The officer's actions were a violation of Sheila's constitutional rights because

A)she had a reasonable expectation of privacy in the bag and its contents
B)the bag and its contents had an intimate relation to Sheila,its owner
C)Sheila objected and the officer should have honored this by stopping the search
D)both a and b
E)both b and c

Question 38

The Supreme Court in Kyllo v.U.S.established the line for sense-enhancing searches between

A)the exterior and interior of homes
B)public and private areas of office buildings
C)warranted and unwarranted searches
D)technology that "sees" and technology that "hears"

Question 39

"Fruit of the poisonous tree" is

A)contraband
B)the product of a crime,such as stolen good or illegal drugs
C)evidence obtained from an illegal arrest or search
D)evidence obtained from an "plain view" search

Question 40

Permissible government surveillance targets and methods were significantly expanded by the

A)PATRIOT Act
B)PROTECT Act
C)Anti-Terrorism Act
D)Foreign Intelligence Surveillance Act

Question 41

What are the three justifications enumerated in Michigan v.Summers (1981)for detaining a person during a search of premises?

Question 42

Who has standing to challenge a Fourth Amendment search of property? How does Minnesota v.Carter (1998)affect this standing?

Question 43

A warrant that is issued when a judge believes that probable cause will be present when a predictable event occurs is called an ______________________ ______________ ______________.

Question 44

Sandy has filed a motion with the court challenging the search done by local police.She is specifically challenging the search warrant claiming that Officer Sam included information he knew to beFalse in the affidavit.A hearing has been scheduled for this challenge in which the court will test the adequacy of the affidavit without theFalse information to see if probable cause exists.This is called a _______________ _________________.

Question 45

What must be shown to establish probable cause for an arrest warrant? For a search warrant?

Question 46

Please write a paragraph outlining the requirement for obtaining a warrant to search someone's home,papers,or effects.

Question 47

Please write a paragraph defining the concept of curtilage and discuss the four factors a court would consider in deciding whether property is curtilage and the impact the curtilage designation has on the government's ability to search that property.

Question 48

If the police search without a warrant or outside the scope of the warrant,any evidence found will be excluded from trial under the ___________________ ________________.