QUESTIONS AND ANSWERS |
100% PASS
Recognize when the fourth amendment applies to government actions -
ANSWER ✔✔1. Whether the government knows or acquiesce in the
private actor's conduct
2. whether the private party intents to assist law enforcement officers at
the time of the search
3. whether the government affirmatively encourages, initiates, or
participates in the private action
,Identify situations when a reasonable expectation of privacy exists -
ANSWER ✔✔>The individual must have exhibited an actual
expectation of privacy
>The expectation must be one the society (as determined by the
Supreme Court) is prepared to recognize as reasonable
Common search areas without REP - ANSWER ✔✔the body (except
inside the body)
passengers do not have REP but their stuff does
Open Fields even if there are 'no trespassing signs'
Government workplaces - REP could exist depending on prior notice
(computer banners of limited or no REP), common practices, openness
and accessibility of the area, whether the position of the employee
requires special trust and confidence, whether the employee waived
REP through bargaining process
>Abandoned Property
Methods and Devices for searches - ANSWER ✔✔>Canine Sniffs -
luggage in a public space has no REP
,>Sensory Enhancements - use of lights at night does not create a
'search' if otherwise visible in daylight; thermal imaging would be
considered a search
>Aircraft Overflights - what is visible to the naked eye does not have
REP
>Cell Site Location Information - conversations do not have REP when
using naked ears
Identify actions that may be taken when reasonable suspicion exists -
ANSWER ✔✔1. a consensual encounter
2. Investigative detention
3. Terry Frisk
a consensual encounter - ANSWER ✔✔a hunch or mere suspicion
(not a seizure)
brief voluntary encounter between a law enforcement officer and an
individual
an officer may ask questions even incriminating ones
the officer may request (not demand) to see ID
the officer may ID him/herself and display credentials
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, the officer may seek consent for a search or frisk
investigative detentions - ANSWER ✔✔Reasonable suspicion
criminal activity is afoot
1. reasonable suspicion - could be collective knowledge from other
LEOs; personal observations; quality or quantity of a tip
2. criminal activity is afoot - crime is about to be/has been/is being
committed
whats a terry frisk - ANSWER ✔✔RSPAAD
detention
the officer must reasonably suspect that the person is presently armed
and dangerous
plain touch doctrine to seize evidence - discovery must be lawful; item
must be immediately apparent to the officer without manipulation
frisks of vehicles can be unlocked containers/entire passenger
compartment cannot frisk the trunk
arrest can happen if - ANSWER ✔✔PC exists
radicalization - ANSWER ✔✔process by which individuals come to
believe that their engagement in or facilitation