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Searches and Seizure and Privacy MCQ

_____ is defined as documents used by eighteenth-century American colonial authorities to compel individuals to assist in carrying out a search.

Answer

Correct Answer: writs of assistance

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_____ is an approach to Fourth Amendment protection that assumes such protection is limited to physical intrusions of the home, comparable to property rights approach.

Answer

Correct Answer: trespassory approach

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Is seizure a reasonable person would not believe himself or herself to be free to leave or to otherwise terminate the encounter?

Answer

Correct Answer: True

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_____ is known as governmental intrusion on an individual’s expectation of privacy.

Answer

Correct Answer: Search

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_____ is defined as an approach to Fourth Amendment protection that assumes such protection is limited to physical intrusions of the home, comparable to trespassory approach.

Answer

Correct Answer: property rights approach

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_____ is facts and circumstances within officers’ knowledge, and of which they have reasonable trustworthy information, that would warrant a person of reasonable caution to believe that an offense has been or is being committed.

Answer

Correct Answer: probable cause

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Is plain view an exception to the Fourth Amendment warrant requirement that allows a police officer to seize an item without a search warrant when (1) the officer is lawfully positioned and (2) there is probable cause to seize the object?

Answer

Correct Answer: True

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_____ is known as an act in which a law enforcement officer takes hold of a suspect with the intent to prevent the individual from leaving.

Answer

Correct Answer: physical seizure

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_____ is defined as areas distant from the home that lack an expectation of privacy.

Answer

Correct Answer: open fields

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_____ is warrants allowing colonial authorities to search anytime and anywhere.

Answer

Correct Answer: general warrants

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Is expectation of privacy protection from government intrusion; areas with a high expectation of privacy may generally not be searched without a warrant founded on probable cause?

Answer

Correct Answer: True

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_____ is known as informal police stops of individuals.

Answer

Correct Answer: Encounters

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_____ is defined as the area immediately surrounding the home, considered part of the home.

Answer

Correct Answer: Curtilage

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_____ is property intentionally discarded by the owner.

Answer

Correct Answer: abandoned property

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An individual was stopped on the street corner with a group of friends by two police officers on patrol. The officers asked them a few questions about their plans for the night. The group is willing to stay and answer the questions before going on their way. This type of consensual interaction would likely be classified as:

Answer

Correct Answer: An encounter

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Which type of seizure occurs without the use of physical force?

Answer

Correct Answer: Show of authority seizure

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An individual is seized once he or she is physically restrained or once law enforcement acts in a way that would result in a reasonable person not feeling free to leave or to terminate the encounter.

Answer

Correct Answer: True

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Al ran an illegal gambling business. He knew the police were aware of his operation, and in anticipation of a search, he decided to throw away all evidence of illegal activity. He placed all receipts and writings in a trash bag, made sure it was tied shut, and placed it in the alley for pick up in the morning. The police subsequently intercepted the trash bag without any warrant and found all of the evidence. The evidence will likely be inadmissible because the police lacked a warrant and violated Al’s expectation of privacy.

Answer

Correct Answer: False

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Without a warrant, police may seize items observed in public places, streets, parks, and monuments.

Answer

Correct Answer: True

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Even for petty offenses, police officers may affix global positioning system (GPS) and other locating devices to individuals and their vehicles without a warrant because it does not constitute a search, and there is no expectation of privacy.

Answer

Correct Answer: False

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Aerial surveillance of a property revealed evidence of contraband on the curtilage of the property. May police officers enter the curtilage without a warrant to seize the detected evidence?

Answer

Correct Answer: No, a warrant is required to enter the curtilage despite the aerial detection.

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While a warrant is typically required to search a home and the surrounding curtilage, warrantless aerial surveillance of the curtilage generally does not violate an individual’s expectation of privacy.

Answer

Correct Answer: True

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Crystal owned a large country home on 40 acres of lan Despite having so much land, her home and living area was situated on two acres, leaving the other 38 relatively deserted and unprotecte She relied on no trespassing signs to keep trespassers out. Unbeknownst to Crystal, her teenage son and his friends had begun growing marijuana in the field out of sight from the home. Someone tipped the police off to this fact, and they went to the property, disobeyed the no trespassing signs, and followed a trail directly to the marijuan What doctrine protects the actions of the officers in this situation?

Answer

Correct Answer: Open fields

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There is no requirement to obtain a warrant to enter commercial property open to the public or areas reserved for employees.

Answer

Correct Answer: False

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A police officer lawfully searches a house for firearms used in a string of robberies. Once in the house, they see marijuana and other drug paraphernalia on the coffee table. May they seize the drugs and related items without an additional search warrant?

Answer

Correct Answer: Yes, providing the officer was legally situated and had probable cause to believe the marijuana was evidence of criminal activity.

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There is no constitutionally protected expectation of privacy in conversations with other individuals.

Answer

Correct Answer: True

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Elijah entered a phone booth to make a phone call to place some illegal bets. Police suspected him of gambling activity and placed recording devices inside the booth. The actions of the police were legal because a phone booth is a public place, and there is no expectation of privacy in public places.

Answer

Correct Answer: False

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The Fourth Amendment is aimed directly at the abhorrent practice of breaking in, ransacking, and searching homes and other buildings and seizing people’s personal belongings without warrants issued by magistrates, according to Justice Hugo Black.

Answer

Correct Answer: True

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The police conduct a lawful search of Adam’s home. Adam is a suspected drug user. The police seize narcotics. The items seized likely fall into which category?

Answer

Correct Answer: Contraband

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