The Fourth Amendment MCQ

_____ is known as Papers authorizing the seizure of property from American colonists to help pay King George III’s debtors

Answer

Correct Answer: Writs of assistance

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_____ is defined as a legal order to seize specific property connected to crimes or to arrest a specific person suspected of criminal activity

Answer

Correct Answer: Warrant

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_____ is no reasonable expectation of privacy in information one shares with third parties such as banks or telephone companies

Answer

Correct Answer: Third-party doctrine

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Is terry stop the brief detainment and questioning of a person by police to either confirm or dispel their reasonable suspicion that criminal activity is afoot. If officers have a reasonable belief that the person is armed, officers can pat down the outer clothing for weapons only?

Answer

Correct Answer: True

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_____ is known as cell site simulator that can intercept and track nearby cell phone signals

Answer

Correct Answer: StingRay

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_____ is defined as facts that a police officer can cite that support the legality of his actions

Answer

Correct Answer: Specific and articulable facts

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_____ is the government’s acquisition of certain personal property, either contraband or potential evidence of a crime, or the deprivation of a person’s liberty due to the person’s arrest

Answer

Correct Answer: Seizure

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Is search a government invasion to look for contraband or other evidence of an area in which a person has a reasonable expectation of privacy?

Answer

Correct Answer: True

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_____ is known as legal standard based on specific and articulable facts (more than a hunch) that criminal activity is afoot, which means that a crime has been, is being, or will be committed

Answer

Correct Answer: Reasonable suspicion

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_____ is defined as the government must use only as much force is necessary to effectuate an arrest.

Answer

Correct Answer: Reasonable force

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_____ is an individual’s confidence that certain places and things will not be examined by others. When an expectation of privacy exists, officers typically need a warrant to search and seize

Answer

Correct Answer: Reasonable expectation of privacy

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Is reasonable belief more than reasonable suspicion but less than probable cause; standard to conduct a pat down for weapons during a Terry stop?

Answer

Correct Answer: True

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_____ is known as a determination made by examining all the facts and circumstances tending to establish that a crime has been, is being, or will be committed; more than a suspicion

Answer

Correct Answer: Probable cause

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_____ is defined as captures the numbers a phone receives and makes; no reasonable expectation of privacy

Answer

Correct Answer: Pen register

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_____ is the place to be searched and things to be seized must be described specifically.

Answer

Correct Answer: Particularity requirement

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Is no knock warrant if serving a warrant will threaten officer safety, the judge may dispense with the knock and announce requirement by making a notation on the face of the warrant?

Answer

Correct Answer: True

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_____ is known as legal requirement for law enforcement to knock and announce police presence prior to executing a warrant; should wait 15 to 20 seconds between knocking and entering, but the exclusionary rule will not apply even if the wait is as short as 3 to 5 seconds

Answer

Correct Answer: Knock and announce

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_____ is defined as person who works undercover on behalf of the government, often in exchange for personal benefit with the informant’s own criminal case; must be proven to be reliable prior to use in a probable cause affidavit

Answer

Correct Answer: Informant

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_____ is an affidavit establishing probable cause attached to the warrant and integrated into the legal authority for the warrant

Answer

Correct Answer: Incorporated by reference

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Is hunch legally insufficient basis for the police to forcibly engage the public?

Answer

Correct Answer: True

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_____ is known as issued by King George III to seize and arrest American colonists’ publications critical of the king and his governance

Answer

Correct Answer: General warrants

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_____ is defined as doctrine that punishes police misconduct by excluding from trial all evidence derived from an initial illegal action when police seized said evidence in violation of the Constitution

Answer

Correct Answer: Fruit of the poisonous tree

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_____ is protects against unreasonable searches and seizures; lists the requirements for a warrant as probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the things to be seized

Answer

Correct Answer: Fourth Amendment

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Is facially deficient if by looking at the face of a warrant a reasonable officer can tell the warrant is legally deficient, she may be personally liable if she executes the defective warrant?

Answer

Correct Answer: True

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_____ is known as a judge-made rule that excludes from trial evidence seized in violation of the Constitution (e.g., evidence taken in violation of the Fourth Amendment ban on unreasonable search and seizure, the Fifth Amendment prohibition against compelled self-incrimination, or the Sixth Amendment right to counsel)

Answer

Correct Answer: Exclusionary rule

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_____ is defined as all force used to seize people (arrest) is guided by the Fourth Amendment’s reasonableness clause

Answer

Correct Answer: Excessive force

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_____ is a cell site simulator that mimics cell phone tower signals to intercept information from nearby cell phones

Answer

Correct Answer: Dirtbox

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Is derivative evidence fruit from a tree that has been poisoned by an initial illegal act in securing evidence that triggers the exclusionary rule?

Answer

Correct Answer: True

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_____ is known as at the time of a search or seizure, all information known to all law enforcement and shared with officers on the scene

Answer

Correct Answer: Collective knowledge

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_____ is defined as required to seize someone not in public

Answer

Correct Answer: Arrest warrant

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_____ is written and sworn document signed under the pains and penalties of perjury

Answer

Correct Answer: Affidavit

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Is abandoned property once an item is discarded, an owner loses a reasonable expectation of privacy in that item and it can be searched and seized without a warrant?

Answer

Correct Answer: True

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Police do not have to knock and announce their identity before executing a search warrant.

Answer

Correct Answer: False

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A facially deficient warrant is a warrant that does not comply with the Fourth Amendment which no reasonable officer would serve or execute.

Answer

Correct Answer: True

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Guests at a home do not enjoy the same right of privacy as the home’s owners.

Answer

Correct Answer: False

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To protect against general, exploratory searches, the Fourth Amendment leaves “nothing . . . to the discretion of the officer executing the warrant,” by operation of the ______.

Answer

Correct Answer: Particularity requirement

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An officer’s affidavit of probable cause is ______ which is brought in on the face of the warrant.

Answer

Correct Answer: Incorporated by reference

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Sources of probable cause include all of the following EXCEPT ______.

Answer

Correct Answer: Uncorroborated anonymous tips

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Using excessive force to effectuate an arrest violates the Fourth Amendment’s ______.

Answer

Correct Answer: Reasonableness clause

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An arrest is a Fourth Amendment ______.

Answer

Correct Answer: Seizure

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In examining the intersection of race and Terry stops, the Massachusetts state Supreme Court noted that Black men were more likely to be targeted for stops, frisks, and searches and their running away from the police may be motivated by the desire to hide criminal activity or motivated by the desire to ______

Answer

Correct Answer: Avoid the indignity of being racially profiled

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Hamilton’s car. The dog alerted for drugs in the trunk, which the officers seized. Hamilton’s best argument to suppress the drugs is ______.

Answer

Correct Answer: The Terry stop lasted too long

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During a Terry stop, officers may pat down a suspect for a weapon only upon a(n) ______ the suspect is armed.

Answer

Correct Answer: Reasonable belief

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The activity that gave rise to the reasonable suspicion that criminal activity was afoot in the Terry v. Ohio (1968) case was Detective McFadden watched a store window one night as two out of three men ______.

Answer

Correct Answer: Made 24 trips back and forth up and down the street

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Warrants are generally required for ______.

Answer

Correct Answer: Historical cell-site location

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People who do not own property have a right of privacy in all of the following except ______.

Answer

Correct Answer: Visitors who conduct purely commercial transactions

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Arastoo walked into his college dormitory and was immediately approached by campus security. Security asked for Arastoo’s backpack and immediately started searching the contents. Security said they had a right to search since the dormitory was university property. As a student of criminal law and procedure, Arastoo quoted the U.S. Supreme Court and said to security, “The Fourth Amendment protects . . .”

Answer

Correct Answer: People not places

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