Review of 4th Amendment
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Other
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University
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Hard
Jessica Jerving
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10 Slides • 11 Questions
1
Review!
Let's take some time to review what we have learned so far!
2
Multiple Choice
The exclusionary rule currently
applies to the states based on Mapp v. Ohio
only applies to the federal government's actions Weeks v. United States
does not apply to the state or federal government without the "silver platter doctrine" Elkins v. United States
3
The Exclusionary Rule
applies to the states.
does not apply to: grand jury investigations, habeas corpus proceedings, parole revocation hearings & civil proceedings
4
Multiple Select
Which of the following is NOT an exception to the exclusionary rule?
Law enforcement acting in good faith
Introducing the evidence for impeachment purposes
Introducing the evidence as fruit of the poisonous tree
5
Fruit of the poisonous tree doctrine - Silverthorne Lumber Co. v. United States
The exclusionary rule applies not only to the evidence obtained as a direct result of a constitutional rights violation but also to evidence indirectly derived from a constitutional rights violation.
6
Multiple Select
Select all exceptions to the fruit of the poisonous tree doctrine.
purged taint
hot pursuit
independent source
inevitable discovery
good faith
7
The three exceptions to the FPD are
purged taint - attenuation - whether the derivative evidence was obtained by exploitation of the initial unconstitutional act or instead by other means that are purged of the primary taint. Wong Sun v. United States
Independent Source Doctrine - evidence was procured by source independent from illegality - Segura v. United States
Inevitable discovery - the evidence would have been discovered anyway regardless of the illegality - Nix v. Williams
8
Multiple Choice
Which case creates the test regarding a reasonable expectation of privacy?
Burdeau v. McDowell
Katz v. United States
California v. Greenwood
Hoffa v. United States
9
The Fourth Amendment's protections against unreasonable searches and seizures has been limited by the courts to conduct that is governmental in nature.
Government actors are not limited to law enforcement.
10
Multiple Choice
Which one of these actors are NOT considered to be government actors?
fire inspectors
bouncers
teachers
health & safety inspectors
11
Multiple Select
If a man was in his hotel room with his friend discussing how he had attempted to bribe a jury and his friend unbeknownst to him happened to be an undercover informant. Would the testimony of the undercover informant in trial against the man be in violation of his 4th Amendment rights?
yes
no
12
Remember in Hoffa v. United States, a union official who was invited over to Hoffa's private suite and was voluntarily told incriminating information was not considered an illegal search.
There is no reasonable expectation of privacy in the things that you tell to others. There is no way to control what other people will do with the information you provide them.
13
Multiple Select
Law enforcement suspected that Jon was a drug dealer but didn't have probable cause. An officer went over to his house and went through his trash on trash-pick-up day. He found inidicia of drug sales. Did the search of the trash constitute an illegal search?
yes
no
14
Remember in California v. Greenwood the court held that garbage bags left on the side of a public street is readily accessible to the public.
Moreover, it was put there for the purpose of having a third party retrieve it.
Thus, there was no reasonable expectation of privacy in the refuge.
15
Multiple Select
Which of the following areas enjoy 4rth Amendment protections
private homes
open fields
curtilage
movie theaters
16
Seizure of a person:
occurs when a police officer by means of physical force or show of authority intentionally restrains an individual's liberty in such a manner that a reasonable person would believe that he or she is not free to leave.
17
Multiple Select
At what point does a seizure occur during the pursuit of a suspect?
When the officer starts chasing the suspect.
What the officer catches up to the suspect and lays his hands on the suspect during the chase even if the suspect is able to get away.
When the suspect is handcuffed.
18
Hodari D - states that the seizure occrs the instant a police officer lays his hands on the suspect during the chase, even if he breaks away from the officer's grasp.
Moreover, if the person discards anything during the chase, the police may lawfully seize the item because the 4th Amendment doesn't apply (no seizure has yet taken place and the item was discarded.)
19
Multiple Select
Which of the following is not a requirement for a valid warrant
probable cause
neutral and detached magistrate
particularity
reasonable suspicion
20
Remember the reviewing magistrate
must not have a financial interest in the issuance of warrants.
must not be a prosecutor
must be neutral - not acting with law enforcement or participating in searhc
21
Multiple Select
Arrests in a third-party's home require
no warrant
an arrest warrant
an arrest warrant and a search warrant for the arrestee within the third-party's home
Review!
Let's take some time to review what we have learned so far!
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