Week 2

Question 1

Chapter 3

actual seizure stop

Answer 1

Stop that occurs when an officer physically grabs a person with intent to keep the person from leaving.

Question 2

Chapter 3

curtilage

Answer 2

The area immediately surrounding a house that is not part of the open fields doctrine.

Question 3

Chapter 3

liberty

Answer 3

The right of locomotion; that is, the right of citizens to come and go as they please, without government interference.

Question 4

Chapter 3

non-search related plain view

Answer 4

Plain view of items that occurs when a police officer is not conducting a search.

Question 5

Chapter 3

objective privacy prong

Answer 5

Whether the subjective expectation of privacy is “one that society is prepared to recognize as reasonable.”

Question 6

Chapter 3

open fields doctrine

Answer 6

The rule that the Fourth Amendment does not prevent government officials from gathering and using information they see, hear, smell, or touch in open fields.

Question 7

Chapter 3

plain view doctrine

Answer 7

The rule that detection by means of the ordinary senses is not a Fourth Amendment search.

Question 8

Chapter 3

privacy

Answer 8

The value that is sometimes called the right to be let alone from government invasions.

Question 9

Chapter 3

privacy doctrine

Answer 9

The doctrine that holds that the Fourth Amendment protects persons, not places, when persons have an expectation of privacy that society is prepared to recognize.

Question 10

Chapter 3

“reasonable person would not feel free to leave” definition of seizure

Answer 10

A person is seized within the meaning of the Fourth Amendment when in view of all of the circumstances a reasonable person would believe he or she is not
free to leave.

Question 11

Chapter 3

search-related plain view

Answer 11

Items in plain view that police officers discover during the course of searching for items for which they have been authorized to search.

Question 12

Chapter 3

show-of-authority seizure

Answer 12

Occurs when an officer acts in such a way that a reasonable person would not feel free to leave or to terminate an encounter with the officer and the person submits to this show of authority.

Question 13

Chapter 3

subjective privacy prong

Answer 13

Whether a “person exhibited an actual [personal] expectation of privacy.”

Question 14

Chapter 3

thermal imagers

Answer 14

Devices that detect, measure and record infrared radiation not visible to the naked eye.

Question 15

Chapter 3

totality-of-circumstances test

Answer 15

Test used to determine whether a person’s discarding of property proves intent to give up the reasonable expectation of privacy protected by the Fourth Amendment in that property.

Question 16

Chapter 3

trespass doctrine

Answer 16

The Fourth Amendment doctrine that requires physical intrusions into a “constitutionally protected area” to qualify as a search.

Question 17

Chapter 4

arrests

Answer 17

Long detentions in police stations, or elsewhere, that require probable cause to back them up.

Question 18

Chapter 4

articulable facts

Answer 18

The specific, nameable facts that provide the objective basis for a stop.

Question 19

Chapter 4

balancing element (of reasonableness test)

Answer 19

The element of reasonableness test that weighs government interest in law enforcement against individual interests in privacy and liberty.

Question 20

Chapter 4

case-by-case basis

Answer 20

The determination of reasonableness by considering the totality of circumstances in each individual case.

Question 21

Chapter 4

categorical suspicion

Answer 21

Suspicion that falls on a suspect because he or she fits into a broad category of people.

Question 22

Chapter 4

conventional Fourth Amendment approach

Answer 22

The warrant and reasonableness clauses are firmly connected.

Question 23

Chapter 4

direct information

Answer 23

Facts that police officers acquire directly from their physical senses.

Question 24

Chapter 4

drug courier profile

Answer 24

A list of general characteristics the government associates with illicit drug dealing.

Question 25

Chapter 4

Fourth amendment frisks

Answer 25

Pat-downs of the outer clothing for weapons.

Question 26

Chapter 4

Fourth amendment stops

Answer 26

Brief detentions that allow law enforcement officers to freeze suspicious situations so they can investigate further.

Question 27

Chapter 4

hearsay information

Answer 27

Information derived from a third person, not known firsthand by the person providing it.

Question 28

Chapter 4

individualized suspicion

Answer 28

Facts that point to suspecting a particular individual of illegal activity.

Question 29

Chapter 4

reasonableness clause

Answer 29

Fourth Amendment clause which requires that searches and/or seizures not be “unreasonable.”

Question 30

Chapter 4

reasonableness Fourth Amendment approach

Answer 30

Approach that argues that, since the Fourth Amendment’s two clauses are separate, they therefore address different problems.

Question 31

Chapter 4

reasonableness test (Fourth Amendment)

Answer 31

Wherein the reasonableness of searches and seizures depends on balancing government and individual interests and the objective basis of the searches and seizures.

Question 32

Chapter 4

reasonable suspicion

Answer 32

Facts that would lead a reasonable officer to suspect that a crime may have been, may be about to be, or may be in the process of being committed.

Question 33

Chapter 4

stops

Answer 33

Brief seizures that require reasonable suspicion.

Question 34

Chapter 4

totality of circumstances test

Answer 34

Test which weighs all the facts and circumstances surrounding government action to determine if the action was constitutional.

Question 35

Chapter 4

voluntary encounters

Answer 35

Contact between police and individuals that fall outside the Fourth Amendment.

Question 36

Chapter 4

warrant clause

Answer 36

Fourth Amendment clause that requires probable cause and particularity before a warrant can be issued.

Question 37

Chapter 4

whole picture test

Answer 37

Another name for the totality of circumstances test.

Question 38

Chapter 5

affidavit

Answer 38

Written statement sworn to by law enforcement officer to demonstrate facts and circumstances showing probable cause.

Question 39

Chapter 5

custodial arrest

Answer 39

The seizure and detention of a suspect for a period of time longer than a stop.

Question 40

Chapter 5

deadly force

Answer 40

Degree of restraint capable of producing death.

Question 41

Chapter 5

exigent circumstances

Answer 41

Circumstances requiring prompt action, which eliminates the warrant requirement.

Question 42

Chapter 5

hearsay

Answer 42

Information that officers learn through third persons.

Question 43

Chapter 5

hearsay rule

Answer 43

The principle under which indirect information is not admissible in court to prove guilt.

Question 44

Chapter 5

objective standard of reasonable force

Answer 44

The principle that police can use the amount of force necessary to apprehend and bring suspects under control if the officers’ actions are reasonable considering the circumstances. This principle is an objective since it does not depend on the intent or motives of the police.

Question 45

Chapter 5

probable cause to arrest

Answer 45

Facts that would lead a reasonable person to believe that a crime has been, is being, or is about to be committed and that the person arrested is the perpetrator.

Question 46

Chapter 5

reasonable manner of arrest requirement

Answer 46

The requirement that police act reasonably in making
an arrest.