CRJ 123 Final Exam Study Guide | 100% Correct
Answers | Verified | Latest 2024 Version
IN ORDER TO BE PROTECTED UNDER THE FOURTH AMENDMENT, WHAT ARE THE THREE QUESTIONS
THAT NEED TO BE ANSWERED? - ✔✔
Was the conduct a search?
Was the conduct a Seizure?
Was their state action?
What is conduct of search determined by? - ✔✔The Reasonable Expectation of Privacy test.
What are the two components of the expectation of the reasonable expectation privacy test? - ✔✔
1. Did the person express an expectation of privacy?
2. Would a reasonable person also expect privacy?
When does a seizure occur? - ✔✔When the government gains control over the object. Seizure is
determined by the free to leave test.
What is the free to leave test? - ✔✔Under all circumstances, would a reasonable person feel free to
leave?
What is state action? - ✔✔1. Was the person a government employee?
2. Did a private person work paid or unpaid for the government?
*Occurs when government conducts search and/or seizure. A search by private citizens does not involve
the 4th amendment. Unless the government encourages or participates in the search and seizure.
HOW DO YOU DETERMINE IF CODUCT VIOLATED THE FOURTH AMENDMENT? - ✔✔Was the search that
was conducted pursuant to a valid warrant?
-IF NOT was the search justified by an exception to the warrant requirement.
, What exceptions apply when violation of the forth amendment comes into play with PEOPLE - ✔✔1.Stop
and Frisk
2.Warrant Arrest
3.Warrantless Arrest
4.Search incident to arrest
5.Inventory Searches
6.Drug Testing.
What is stop and frisk? - ✔✔Stop is a Detention.
A.) Must have reasonable suspicion that the suspect was committing or about to commit, or had
committed a crime.
B.)The stop must be brief and on the spot.
Frisk is a Putdown
A. Must have reasonable suspicion that suspect is armed and dangerous.
B. Limited to feeling the outside of the clothing.
C. Cannot remove non-weapons unless its incriminating nature(immediately appartent)
For a WARRANT ARREST of people what two things apply? - ✔✔1. May use arrest warrant as a search
warrant only at arrestees home.
2. Must obtain a search warrant if searching anywhere else.
For WARRANTLESS ARREST of people what has to be there? - ✔✔1.Must have probable cause
2.Must be in the public
3.May be in a private place if lawfully in the private place.
4.The officer must personally observe the crime(misdemeanor,infraction)
5. Does not need to observe felony if have reasonable basis for arrest.
For SEARCH INCIDENT TO ARREST what two things are exceptions? - ✔✔1. Search for weapons or
contraband.
2. Limited to objects within arms-reach (wingspan) of the arrestee.
Answers | Verified | Latest 2024 Version
IN ORDER TO BE PROTECTED UNDER THE FOURTH AMENDMENT, WHAT ARE THE THREE QUESTIONS
THAT NEED TO BE ANSWERED? - ✔✔
Was the conduct a search?
Was the conduct a Seizure?
Was their state action?
What is conduct of search determined by? - ✔✔The Reasonable Expectation of Privacy test.
What are the two components of the expectation of the reasonable expectation privacy test? - ✔✔
1. Did the person express an expectation of privacy?
2. Would a reasonable person also expect privacy?
When does a seizure occur? - ✔✔When the government gains control over the object. Seizure is
determined by the free to leave test.
What is the free to leave test? - ✔✔Under all circumstances, would a reasonable person feel free to
leave?
What is state action? - ✔✔1. Was the person a government employee?
2. Did a private person work paid or unpaid for the government?
*Occurs when government conducts search and/or seizure. A search by private citizens does not involve
the 4th amendment. Unless the government encourages or participates in the search and seizure.
HOW DO YOU DETERMINE IF CODUCT VIOLATED THE FOURTH AMENDMENT? - ✔✔Was the search that
was conducted pursuant to a valid warrant?
-IF NOT was the search justified by an exception to the warrant requirement.
, What exceptions apply when violation of the forth amendment comes into play with PEOPLE - ✔✔1.Stop
and Frisk
2.Warrant Arrest
3.Warrantless Arrest
4.Search incident to arrest
5.Inventory Searches
6.Drug Testing.
What is stop and frisk? - ✔✔Stop is a Detention.
A.) Must have reasonable suspicion that the suspect was committing or about to commit, or had
committed a crime.
B.)The stop must be brief and on the spot.
Frisk is a Putdown
A. Must have reasonable suspicion that suspect is armed and dangerous.
B. Limited to feeling the outside of the clothing.
C. Cannot remove non-weapons unless its incriminating nature(immediately appartent)
For a WARRANT ARREST of people what two things apply? - ✔✔1. May use arrest warrant as a search
warrant only at arrestees home.
2. Must obtain a search warrant if searching anywhere else.
For WARRANTLESS ARREST of people what has to be there? - ✔✔1.Must have probable cause
2.Must be in the public
3.May be in a private place if lawfully in the private place.
4.The officer must personally observe the crime(misdemeanor,infraction)
5. Does not need to observe felony if have reasonable basis for arrest.
For SEARCH INCIDENT TO ARREST what two things are exceptions? - ✔✔1. Search for weapons or
contraband.
2. Limited to objects within arms-reach (wingspan) of the arrestee.
