SEARCH AND SEIZURE CHAPTER 5
NYPD EXAM QUESTIONS AND
ANSWERS7
Bill of Rights - ANSWERS-The first ten amendments to the Constitution
The Fourth Amendment addresses - ANSWERS-searches and seizures
search - ANSWERS-individual's interest in privacy
seizure - ANSWERS-deprives the person of dominion over his person or property
Unreasonableness has been interpreted by the Supreme Court to mean - ANSWERS-without a
warrant or an exigency
(1914) Weeks v. United States - ANSWERS-prohibits evidence obtained by an unreasonable
search and seizure from being used in court
Fruits of the Poisonous Tree - ANSWERS-if the initial search is invalid, any evidence later
discovered as a result of that search must be declared invalid as well.
Three theories supporting the Exclusionary Rule - ANSWERS-Personal Right
Judicial Integrity
Deterrence
, Exclusionary Rule (Personal Right) - ANSWERS-The law seeks to restore injured parties to the
position they held prior to a violation of law
Exclusionary Rule (Judicial Integrity) - ANSWERS-If courts were to admit illegally obtained
evidence, they would, in essence, condone improper police behavior.
Exclusionary Rule (Deterrence) - ANSWERS-to discourage improper police conduct in future
cases
How is the Exclusionary Rule Asserted? - ANSWERS-a privacy interest infringed, or violated, by
the government
must show that they possessed an actual expectation of privacy that society is prepared to
recognize as reasonable.
Areas protected by the Fourth Amendment - ANSWERS-Private Homes
Curtilage
Automobile
Areas protected by the Fourth Amendment (Private Homes) - ANSWERS-reasonable expectation
of privacy at home
Areas protected by the Fourth Amendment (Curtilage) - ANSWERS-The immediate area
Areas protected by the Fourth Amendment (Automobile) - ANSWERS-Limited protection
Exceptions to search warrant (S.P.A.S.E.S.H.I) - ANSWERS-1. Search Incident to a Lawful Arrest;
2. Plain View Exception;
3. Automobile Exception; 4. Search by Consent;
NYPD EXAM QUESTIONS AND
ANSWERS7
Bill of Rights - ANSWERS-The first ten amendments to the Constitution
The Fourth Amendment addresses - ANSWERS-searches and seizures
search - ANSWERS-individual's interest in privacy
seizure - ANSWERS-deprives the person of dominion over his person or property
Unreasonableness has been interpreted by the Supreme Court to mean - ANSWERS-without a
warrant or an exigency
(1914) Weeks v. United States - ANSWERS-prohibits evidence obtained by an unreasonable
search and seizure from being used in court
Fruits of the Poisonous Tree - ANSWERS-if the initial search is invalid, any evidence later
discovered as a result of that search must be declared invalid as well.
Three theories supporting the Exclusionary Rule - ANSWERS-Personal Right
Judicial Integrity
Deterrence
, Exclusionary Rule (Personal Right) - ANSWERS-The law seeks to restore injured parties to the
position they held prior to a violation of law
Exclusionary Rule (Judicial Integrity) - ANSWERS-If courts were to admit illegally obtained
evidence, they would, in essence, condone improper police behavior.
Exclusionary Rule (Deterrence) - ANSWERS-to discourage improper police conduct in future
cases
How is the Exclusionary Rule Asserted? - ANSWERS-a privacy interest infringed, or violated, by
the government
must show that they possessed an actual expectation of privacy that society is prepared to
recognize as reasonable.
Areas protected by the Fourth Amendment - ANSWERS-Private Homes
Curtilage
Automobile
Areas protected by the Fourth Amendment (Private Homes) - ANSWERS-reasonable expectation
of privacy at home
Areas protected by the Fourth Amendment (Curtilage) - ANSWERS-The immediate area
Areas protected by the Fourth Amendment (Automobile) - ANSWERS-Limited protection
Exceptions to search warrant (S.P.A.S.E.S.H.I) - ANSWERS-1. Search Incident to a Lawful Arrest;
2. Plain View Exception;
3. Automobile Exception; 4. Search by Consent;
