Chapter 4

Question 1

What amendmet ensures that the government does not conduct searches and seizures without proper justification?

Answer 1

4th amendment

Question 2

The fourth amendment contains two basic clauses
1.
2.

Answer 2

1. reasonableness clause

2. warrant clause

Question 3

What proscribes unreasonable searches and seizures?

Answer 3

Reasonableness clause

Question 4

What requires that no warrants shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searches, and the persons or things to be seized?

Answer 4

The warrant clause

Question 5

Is there a specific definition of reasonableness?

Answer 5

NO

Question 6

Searches, if conducted with a warrant are limited in terms of ____ and _____.

Answer 6

time and space

Question 7

True or False. There is a fixed amount of time the police have to serve a warrant, and they cannot look anywhere they choose for the items of interest.

Answer 7

True

Question 8

A search or seizure weather conducted with a warrant or not should be what?

Answer 8

as minimally intrusive as possible

Question 9

The 4th amendment protects 
1.
2.
3.
4. 
from unreasonable searches and seizures.

Answer 9

1. persons
2. houses
3. papers
4. effects

Question 10

What describes individual people, whether they are citizens or not?

Answer 10

Persons

Question 11

What refers to the individual as a whole, both internal and external? It also includes certain oral communications.

Answer 11

Person

Question 12

Another fourth amendment term that is broadly constructed to include any structure a person can occupy on a temporary or long term basis is what?

Answer 12

House

Question 13

Is a hotel room considered a house?

Answer 13

Yes

Question 14

What includes all conceivable personal items?

Answer 14

Papers and effects

Question 15

Business records, diaries, memos, and similar documents are considered what?

Answer 15

Papers

Question 16

What refer to personal items such as containers, purses luggage, briefcases, cars, clothing, weapons, and any other tangible piece of property that a person possesses?

Answer 16

Effects

Question 17

The only justification mentioned in the 4th amendment is what?

Answer 17

Probable Cause

Question 18

1. the presumed search is a product of government action
2. the law enforcement activity in question infringes on an individuals “reasonable expectation of privacy”
   These factors need to be considered in order to?

Answer 18

Search

Question 19

The bill of rights are binding only on government actors not private citizens.

Answer 19

True

Question 20

The inapplicability of the 4th amendment to searches and/or seizures conducted by private individuals was first recognized by the Supreme Court in what case?

Answer 20

Bureau v. McDowell

Question 21

What case did the Supreme Court declare that searches by regulatory officials conducting health and safety inspections can be considered governmental actions ?

Answer 21

Camara v. Municipal Court

Question 22

Federal agents used a listening device to hear Katz in a phone booth when he made incriminating statements. The police sought to have the statements used against him at trial. The Supreme Court reversed the lower court’s decision, holding that the fourth amendment “protects people, not places, “so its reach” cannot turn upon the presence or absence of a physical intrusion into any given enclosure.”

Answer 22

Katz v. United States

Question 23

What court case declared that a person does not hav e treasonable expectation of privacy in phone numbers that he or she dials?

Answer 23

Smith v. Maryland

Question 24

The Supreme Court declared that blood, urine, and breath analyses all amounted to searches because “they intrude upon expectations of privacy as to medical information”

Answer 24

Skinner v. Railway Labor Executives’ Association

Question 25

What has been defined by the Supreme Court as the “area to which extends the intimate activity associated with the sanity of a man’s home and the privies of life”

Answer 25

Curtilage

Question 26

What has been defined as any unoccupied or undeveloped real property outside the curtilage of a home?

Answer 26

Open Fields

Question 27

What Supreme Court case noted that even “no trespassing” signs do not prove that an area is a setting for intimate activities, because these warnings do not always keep out intruder?

Answer 27

Oliver v. United States

Question 28

In what Supreme Court case did the rule that naked-eye observation of a fenced-in backyard from a height of 1,000 feet could not be considered a search?

Answer 28

California v. Ciraolo 1986

Question 29

In what Supreme Court case did they support their ruining in Ciraolo by holding that the fourth amendment did not apply when the police flew a helicopter at an altitude of 400 feet over a person’s partially covered greenhouse, which was found to contain marijuana ?

Answer 29

Florida v. Riley

Question 30

What Supreme Court case did the Environmental Protection Agency hired an aerial photographer to take pictures of the defendant’s chemical plant.

Answer 30

Dow Chemical Co v. United States

Question 31

What Supreme Court case did they decide on weather it was constitutional for federal agents to attach a “better” to a container and track it to a person’s residence?

Answer 31

United States V. Knotts

Question 32

What includes everything from flashlights and police dogs to satellite photography and thermal imagery?

Answer 32

Enhancement Devices

Question 33

What Supreme Court case held that the fourth amendment is violated when “the government uses a device without a warrant that is not in general use to explore details of a private home that would previously have been unknowable without physical intrusions?

Answer 33

Kyllo v. United States 2001

Question 34

Do binoculars enhance the senses?

Answer 34

Yes

Question 35

DO flashlights enhance the senses?

Answer 35

Yes