Flashcards in Search & Seizure Misc - Chapter 5 Deck (13)
May customs inspectors inspect incoming mail?
Yes, as long as randomly. No 4th amendment violation
Is the FAA allowed to use metal detectors and X-ray machines? Are they violating the person's 4th amendment rights?
Yes the FAA may use metal-detectors and X-ray machines. Not a violation of 4th amendment rights
FAA employee searching a passenger. 4th amendment violation?
No, as long as search is within FAA scope. If search is outside of scope employee is acting as private person, so 4th amendment still not violated.
May an officer enter a third person's residence to arrest a suspect visiting the third party person, assuming the suspect has a valid arrest warrant?
Only with a valid search warrant.
Does an innocent person have a reasonable expectation of privacy if they live with a probationer/parolee?
Yes to confined private spaces, no to shared areas of the residence
Upon being booked, how many phone calls are arrested individuals allowed to have?
- 3 completed phone calls immediately upon being booked, unless impossible, within 3 hours after being arrested.
- If arrested person is a parent responsible for a minor, they are entitled 2 additional phone calls to arrange child care
A three hour delay is required before booking what arrested individuals?
- The person has 1 or 2 outstanding warrants, and
- The warrants were FTA's for parking citations, or traffic infractions.
May an inmate's telephone conversation with a priest be recorded?
Yes, no violation of federal wiretap act to intercept the conversation
For an officer to perform wiretaps he must be certified by who?
- Attorney General
What is the officer's duty in regards to a private persons arrest
To "Receive" the arrest. The officer may then determine to arrest, cite & release, or 849b.
The 4th amendment does what?
Prevents unreasonable searches and seizures by government employees.
- Private persons do not fall under 4th amendment. A private person may open a container to police, the police may then reopen the container without a warrant because the owner's privacy has been negated
Can mail be opened without a warrant?
No. Mail is protected under the 4th amendment. Need a search warrant to open mail.