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Exam 3: Search and Seizure

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Question 31

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Completion: -In determining whether the Fourth Amendment applies to a particular situation, courts employ a twofold requirement: first whether a person has exhibited a subjective expectation of privacy and, second, whether the expectation is one that society recognizes as "_____________."

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Question 32

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In United States v. Jacobsen (1984) , the Supreme Court held that the Fourth Amendment "is ______________ to a search or seizure … effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any government official."

A) wholly inapplicable
B) wholly applicable
C) partially applicable
D) None of these

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Question 33

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Three college students who attend a public university share an apartment in Collegetown, USA. Police have heard that three members of the local college's varsity swim team live there and have all recently failed university-administered drug tests. Police show up at the apartment hoping they can acquire to consent to enter. As they approach the apartment, police see that the landlord is standing outside the door. Police ask the landlord to let them in. The landlord, who is a lawyer, refuses, citing the Supreme Court's decision in Chapman v. United States. Irritated, police instead knock on the door. One resident of the apartment is there and allows police to enter. In a common area, police find drug paraphernalia and a small amount of cocaine. They seize this evidence. Just then, a second resident of the home enters and tells police to leave immediately. They do leave, but take the evidence with them. -The drug testing of these athletes by a public university is likely to be:

Which one of the following statements concerning automobile inventory searches is INCORRECT?

Completion: -_________ searches are justified by the need for protection of the owner's property while the vehicle remains in police custody, protection of the police from claims of lost property, and the need to protect the police from potential dangers that might be lurking inside closed automobiles.

Completion: -Local ordinances allow for routine inspections to enforce building codes and other regulations. The Supreme Court has recognized these ____________ searches as exceptions to normal Fourth Amendment protections.

Police may search a home without a warrant when the homeowner is arrested on the front lawn.

In a famous debate in 1761, James Otis called the ____________ "the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law that ever was found in an English law book."

The good-faith exception to the Fourth Amendment exclusionary rule recognized in United States v. Leon (1984) does not apply to cases where ___________________________________.

Which of the following often qualifies as a permissible warrantless search?

Which one of the following statements is INCORRECT?

Critical Thinking: A local police department suspects that three individuals, Alvin, Simon, and Theodore, are growing marijuana on their property and selling it around town. The officers, though, do not have probable cause to obtain a warrant. As a result, the officers begin discussing some creative avenues for acquiring information about these individuals and their activities. A rookie officer who majored in Political Science in college offers three options: 1) looking through trash left outside of the suspects' home; 2) flying over the suspects' backyard and using standard binoculars to search for marijuana plants; and 3) using a newly developed piece of equipment that can scan the suspects' house and detect the presence of large quantities of organic plants. Answer the following questions about these options. -The Supreme Court's decision in Kyllo v. United States has implications for which option?

Critical Thinking: A local police department suspects that three individuals, Alvin, Simon, and Theodore, are growing marijuana on their property and selling it around town. The officers, though, do not have probable cause to obtain a warrant. As a result, the officers begin discussing some creative avenues for acquiring information about these individuals and their activities. A rookie officer who majored in Political Science in college offers three options: 1) looking through trash left outside of the suspects' home; 2) flying over the suspects' backyard and using standard binoculars to search for marijuana plants; and 3) using a newly developed piece of equipment that can scan the suspects' house and detect the presence of large quantities of organic plants. Answer the following questions about these options. -If the police had probable cause suggesting that these three individuals were growing and selling marijuana in their home, then which of the following would be true:

Completion: -For the purposes of the Fourth Amendment, a ________ occurs when government agents look for evidence in a manner that intrudes into a person's legally protected zone of privacy.

Completion: -The Fourth Amendment expresses a preference for searches and seizures to be conducted pursuant to a warrant, which in turn must be supported by ____________.

When evaluating applications for search warrants based on tips from confidential or anonymous informants, magistrates must consider the __________.

Completion: -Courts say police officers are to determine probable cause as a commonsense, practical question in light of the _____________ in a given case.

A magistrate's finding of probable cause may not be based on hearsay evidence.

Courts have approved properly established and conducted sobriety checkpoints where all drivers passing a certain point are stopped briefly and checked for signs of intoxication.

Completion: -The term __________ refers to the taking into custody of physical evidence, property, or even a person