LD:16 Search and Seizure (*Final Exam*) Questions With Complete Solutions
The fourth amendment to the Constitution prohibits - (answer)Unreasonable searches and seizures by
the state.
The fourth amendment establishes that any search and seizure by the state be based upon -
(answer)Probable Cause.
What is the critical link in the community/law enforcement partnership? - (answer)Trust
The priority of the US Constitution is to avoid unlimited actions and intrusions by government and to
protect a person's - (answer)Privacy.
Liberty.
Possession of property.
Search - (answer)Occurs when an expectation of privacy that society is prepared to consider reasonable
is infringed upon by the government.
Seizure of Property - (answer)Occurs when there is some meaningful interference with an individual's
possessory interest in that property by the government.
Seizure of a person - (answer)Occurs when:
-A peace officer physically applies force.
-A person voluntarily submits to a peace officer's authority.
The 4th Amendment is not violated unless a person's legitimate ______________________ is infringed
upon by the government. - (answer)Expectation of privacy
A reasonable expectation of privacy can exist almost anytime/any place as long as - (answer)-individuals
have indicated that they personally (subjectively) expect privacy in the object or area.
-their expectation is one in which society is prepared to recognize as legitimate.
,LD:16 Search and Seizure (*Final Exam*) Questions With Complete Solutions
Everyone can reasonably expect privacy in their own __________ and __________. - (answer)Person
and home
Subjective Expectation of Privacy - (answer)Is a person's state of mind demonstrated by affirmative
action designed to protect their privacy, for example: building a fence, closing window shades, locking a
compartment etc.
Objective Reasonableness - (answer)Refers to whether society is prepared to recognize the individual's
expectation as reasonable.
Curtilage - (answer)Means the relatively small and usually well-defined area immediately around a
residence, to which the occupant has a reasonable expectation of privacy.
Open fields - (answer)Means outdoor real property outside the curtilage of the residence. Open fields
are areas which are so open to public view that the owner or possessor is deemed to have implicitly
invited the general public to view the area. The protections of the fourth amendment do not apply.
Over flight - (answer)Flight of an aircraft over a given area. Because of the lack of a reasonable
expectation of privacy in an area viewed from overflight, the 4th amendment does not apply as long as
the aircraft is flying as per FAA regulations and being operated in a non-intrusive manner.
Standing - (answer)Standing exists only if a subject has a reasonable expectation of privacy in the place
or thing that is searched or seized. Standing is established by ownership, lawful possession, authority, or
control of the area searched or the property seized.
Probable cause - (answer)Probable cause to search an area or object means having enough facts or
information to provide a fair probability for a substantial chance that the item sought is located in the
place to be searched.
, LD:16 Search and Seizure (*Final Exam*) Questions With Complete Solutions
To establish probable cause to search peace officers must be able to articulate how and why they have
fair probability to believe: - (answer)A crime has occurred or is about to occur.
Evidence pertaining to the crime exists.
The evidence is at the location they wish to search.
The Exclusionary Rule - (answer)If the court finds a search or seizure is not reasonable and a person's
fourth amendment rights have been violated, all items seized during the search could be ruled
inadmissible or excluded as evidence at trial.
As a result of the exclusionary rule in admissible or exclude evidence is often referred to as: -
(answer)"The fruit of the poisonous tree."
The following information must appear in a search warrant: - (answer)The names of those who have
sworn the facts presented as probable cause for the search.
Grounds for issuing the warrant.
Places and or persons to be searched.
Things or property to be seized.
Magistrate's signature.
Date issued.
If night time service is authorized.
Before they can obtain a search warrant, peace officers must be able to provide a judge with specific
facts that meet the fourth amendment's requirement of: - (answer)Probable cause
In the search warrant context, probable cause to search means enough credible information to provide
a ___________________ that the object or person the peace officers seek will be found at the place
they want to search. - (answer)Fair probability
The fourth amendment to the Constitution prohibits - (answer)Unreasonable searches and seizures by
the state.
The fourth amendment establishes that any search and seizure by the state be based upon -
(answer)Probable Cause.
What is the critical link in the community/law enforcement partnership? - (answer)Trust
The priority of the US Constitution is to avoid unlimited actions and intrusions by government and to
protect a person's - (answer)Privacy.
Liberty.
Possession of property.
Search - (answer)Occurs when an expectation of privacy that society is prepared to consider reasonable
is infringed upon by the government.
Seizure of Property - (answer)Occurs when there is some meaningful interference with an individual's
possessory interest in that property by the government.
Seizure of a person - (answer)Occurs when:
-A peace officer physically applies force.
-A person voluntarily submits to a peace officer's authority.
The 4th Amendment is not violated unless a person's legitimate ______________________ is infringed
upon by the government. - (answer)Expectation of privacy
A reasonable expectation of privacy can exist almost anytime/any place as long as - (answer)-individuals
have indicated that they personally (subjectively) expect privacy in the object or area.
-their expectation is one in which society is prepared to recognize as legitimate.
,LD:16 Search and Seizure (*Final Exam*) Questions With Complete Solutions
Everyone can reasonably expect privacy in their own __________ and __________. - (answer)Person
and home
Subjective Expectation of Privacy - (answer)Is a person's state of mind demonstrated by affirmative
action designed to protect their privacy, for example: building a fence, closing window shades, locking a
compartment etc.
Objective Reasonableness - (answer)Refers to whether society is prepared to recognize the individual's
expectation as reasonable.
Curtilage - (answer)Means the relatively small and usually well-defined area immediately around a
residence, to which the occupant has a reasonable expectation of privacy.
Open fields - (answer)Means outdoor real property outside the curtilage of the residence. Open fields
are areas which are so open to public view that the owner or possessor is deemed to have implicitly
invited the general public to view the area. The protections of the fourth amendment do not apply.
Over flight - (answer)Flight of an aircraft over a given area. Because of the lack of a reasonable
expectation of privacy in an area viewed from overflight, the 4th amendment does not apply as long as
the aircraft is flying as per FAA regulations and being operated in a non-intrusive manner.
Standing - (answer)Standing exists only if a subject has a reasonable expectation of privacy in the place
or thing that is searched or seized. Standing is established by ownership, lawful possession, authority, or
control of the area searched or the property seized.
Probable cause - (answer)Probable cause to search an area or object means having enough facts or
information to provide a fair probability for a substantial chance that the item sought is located in the
place to be searched.
, LD:16 Search and Seizure (*Final Exam*) Questions With Complete Solutions
To establish probable cause to search peace officers must be able to articulate how and why they have
fair probability to believe: - (answer)A crime has occurred or is about to occur.
Evidence pertaining to the crime exists.
The evidence is at the location they wish to search.
The Exclusionary Rule - (answer)If the court finds a search or seizure is not reasonable and a person's
fourth amendment rights have been violated, all items seized during the search could be ruled
inadmissible or excluded as evidence at trial.
As a result of the exclusionary rule in admissible or exclude evidence is often referred to as: -
(answer)"The fruit of the poisonous tree."
The following information must appear in a search warrant: - (answer)The names of those who have
sworn the facts presented as probable cause for the search.
Grounds for issuing the warrant.
Places and or persons to be searched.
Things or property to be seized.
Magistrate's signature.
Date issued.
If night time service is authorized.
Before they can obtain a search warrant, peace officers must be able to provide a judge with specific
facts that meet the fourth amendment's requirement of: - (answer)Probable cause
In the search warrant context, probable cause to search means enough credible information to provide
a ___________________ that the object or person the peace officers seek will be found at the place
they want to search. - (answer)Fair probability
