Constitutional Definition of Search

Question 1

Authority to search is regulated by the ______ amendment and article ___ of the Massachusetts declaration of _____

Answer 1

Fourth amendment
Article 14
Declaration of Rights

Question 2

The constitutional provisions fundamentally insist that law-enforcement base their searches on _______

Answer 2

Probable cause

Question 3

The process of obtaining a warrant protects:

Answer 3

Citizens

Question 4

Private citizens become police agents when they are ______, ______ or ______ by police

Answer 4

Instigated
Directed
Encouraged

Question 5

If a citizen conducts their own search, not directed by the police, can they later be rewarded?

Answer 5

Yes, including reduced sentence

Question 6

Medical personnel are not considered police agents if their procedures were undertaken for ______ and not to benefit Police

Answer 6

Treatment

Question 7

If a surgeon removes a bullet from the defendant and turns it over to Police, is he now considered a police agent

Answer 7

No, because it was medically necessary to remove it

Question 8

Does a hospital blood test, proving the defendants intoxication at his oui trial considered evidence or medically necessary

Answer 8

Medically necessary

Question 9

Private security is typically unregulated by the constitution. If an off-duty police officer is working a private security job, are they more subject to regulation?

Answer 9

No

Question 10

If a college student allows campus security to enter his room, does that permission automatically extend to police officers upon their arrival?

Answer 10

No

Question 11

A person conducting a search is not automatically a state actor just because they are employed by the government. State action was meant to apply to government employees whose duties involve:

Answer 11

Enforcing the law or administering a local code where a violation might subject the offender to punishment

Question 12

Is a meter reader for the electric department a state agent?

Answer 12

No

Question 13

In cases where a municipal worker uncovers evidence officers should limit themselves to examining the evidence already discovered and then:

Answer 13

Get a warrant to search further

Question 14

Public school administrators must follow some constitutional guidelines because their investigations may:

Answer 14

Have criminal consequences

Question 15

While they don’t need a warrant school officials must have ________ in order to search

Answer 15

Reasonable suspicion

Question 16

School officials methods of search must be appropriate given (4):

Answer 16

1. Objectives of search-what they are looking for
2. Nature of offense
3. Students age
4. Students sex

Question 17

Does the constitution regulate the searching activities of private school officials?

Answer 17

No just public

Question 18

The fourth amendment and article 14 protect what three areas?

Answer 18

A citizens:

body
home
possessions

Question 19

Officers may not search a citizens, body home or possessions unless they have legal justification, including (3):

Answer 19

Warrant
Consent
Exception to the warrant requirement

Question 20

Do you need constitutional justification to enter non-private areas?

Answer 20

No

Question 21

Officers must have ______ to search a persons body for evidence

Answer 21

Probable cause

Question 22

Officers must have _______ to frisk for their own protection

Answer 22

Reasonable suspicion

Question 23

Does viewing a persons shoes, including the bottom, constitute a search

Answer 23

No

Question 24

Is asking a suspect to lift their foot up so you can see the bottom of their shoes constitute a search

Answer 24

No

Question 25

A suspect lifts their foot up to show officers the bottom of their shoe. It is consistent with the shoe print found at a crime scene. What should officers do?

Answer 25

They now have probable cause so they should seize the shoe

Question 26

When clothing is removed at the hospital under what circumstances does the patient have an expectation of privacy regarding seizing or searching their clothing?

Answer 26

Citizens have an expectation of privacy for their clothing when it is removed for safekeeping (for example removed prior to surgery wi the expectation they will get it back after treatment) No expectation of privacy when clothing is cut off for emergency treatment

Question 27

Heightened security is permitted in areas where citizens expect less privacy classic examples include:

Answer 27

Metal detectors at airports, schools, and government buildings Border searches by federal agents

Question 28

Do citizens have a reduced expectation of privacy just because they are convicted

Answer 28

Yes

Question 29

A person on probation may be searched by a ____________ on the basis of ______

Answer 29

Probation officer or police officer assisting the probation officer Reasonable suspicion

Question 30

If the search of a probationer occurs inside their home, what is necessary?

Answer 30

A warrant

Question 31

In order for probation officers to search a probationers cell phone, they should get consent or obtain a warrant based on ________

Answer 31

Reasonable suspicion

Question 32

______ may conduct warrantless search of home

Answer 32

Parole

Question 33

Parole can always search a parolees’s home without a warrant if they have reasonable suspicion that there is evidence of a _____

Answer 33

Parole violation

Question 34

A prisoner is being held in a jail when they become the suspect for a murder. Can officers seize their sneakers to look for the victims DNA or do they need a warrant?

Answer 34

They can seize the sneakers. Even if policy allows for the sneakers to be kept on prisoners. That is a privilege that could be withdrawn at any time

Question 35

A warrantless search of a probationers home is permitted based on:

Answer 35

Reasonable suspicion

Question 36

The greatest constitutional protection extends to a ______

Answer 36

Home

Question 37

Is a hotel or motel room considered a dwelling

Answer 37

Yes

Question 38

The home is historically referred to as the:

Answer 38

Curtilage

Question 39

For a hotel or motel guest, they lose their expectation of privacy once their:

Answer 39

Rental period is terminated

Question 40

Does eviction by innkeepers at a hotel require advance notice to the guest?

Answer 40

No

Question 41

Is a college dorm considered a dwelling?

Answer 41

Yes

Question 42

Is backyard considered within the cartilage?

Answer 42

Yes typically

Question 43

Does using binoculars as an individual enters exits their home infringe on privacy

Answer 43

No

Question 44

Does using binoculars to observe activities in a home infringe on privacy

Answer 44

Yes

Question 45

Does aerial surveillance infringe on privacy?

Answer 45

Not if it’s from a reasonable altitude consistent with FAA regulations

Question 46

Is helicopter surveillance from an altitude of 25 feet unreasonable and illegal

Answer 46

Yes

Question 47

Police need _______ to try a key in a lock of a private home

Answer 47

Reasonable suspicion

Question 48

Do police violate residents privacy when they use technology like thermal imaging?

Answer 48

Yes if used to learn about activities inside the home

Question 49

The dominant factor for abandoned property (2)

Answer 49

The place where the property is found and The suspect’s relationship with that place

Question 50

Police searches and entries for PERSON (4)

Answer 50

(FCSC) Frisk Consent Search incident to arrest Community caretaker

Question 51

Police searches and entries for VEHICLE (4)

Answer 51

(FCMI) Frisk Consent Motor Vehicle Exception Inventory

Question 52

Police searches and entries for HOME (4)

Answer 52

(CEEW) Consent Emergency Aid Exigent Circumstances Warrant

Question 53

The three prong test for Plain View

Answer 53

Lawful presence Inadvertence Apparent evidence

Question 54

The heart of plain view is

Answer 54

Lawful presence

Question 55

What does the inadvertence rule do?

Answer 55

Forces officers who possess probable cause to obtain a warrant

Question 56

The inadvertence rule never applies to (3):

Answer 56

Contraband Stolen goods Dangerous objects

Question 57

When is the inadvertence rule typically an issue?

Answer 57

When police failed to mention a particular object in their warrant application, even though they had probable cause for it

Question 58

Regarding apparent evidence, what 3 things should obviously be seized when observed

Answer 58

Contraband Fruits of the crime Instrumentalities

Question 59

Officers must have _______ to believe items are related to crime in order to seize them

Answer 59

Probable cause