M02: Quiz (Ch. 3 & 4) - AJ 220

In Dunaway v. New York, the Supreme Court ruled that:

A custodial interrogation must be supported by probable cause.

In which case did the Supreme Court consider a statute that permitted eavesdropping orders to be issued by magistrates if the police showed reasonable grounds that evidence of a crime would be discovered?

Berger v. New York

The second part of the Fourth Amendment, "...no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" is referred to as the:

Warrant clause

True or False: An arrest occurs at the point when an officer restricts an individual's movement.

False

True or False: An individual's posts to the Web are protected under Title III.

False

True or False: Constructive possession refers to possession of property without physical contact and is not subject to seizure of property laws.

False

True or False: If a person is confronted by a single police officer and asked general questions about his or her suspected involvement in a crime, an arrest has occurred.

False

True or False: If the police have difficulty finding an item listed in a search warrant, they can take as long as necessary to find it and are able to leave and come back as many times as they need without the need of a new search warrant.

False

True or False: The definition of person for purposes of the Fourth Amendment includes the person's internal and external physical body but does not include oral communications made by people.

False

To define when a search takes place, which two important factors need to be considered?

Government action and reasonable expectation of privacy

If the police activity in question does not involve a person, house, paper, or effect:

No Fourth Amendment protections exist

Government action alone is not enough to implicate the Fourth Amendment. The law enforcement activity must also infringe on a person's:

Reasonable expectation of privacy

The first part of the Fourth Amendment, "The right of the people to be secure in the persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..." is referred to as the:

Reasonableness clause

In which key case did the Supreme Court define the meaning of arrest as more than restricting a person's movement?

Terry v. Ohio

Which type of warrant permits interception of electronic communications?

Title III

True or False: A piece of property is in a person's actual possession if he or she is physically holding or grasping the property.

True

True or False: A search warrant must clearly specify the objects to be seized to prevent general seizures of property.

True

True or False: Early legislative requirements in the area of electronic surveillance began with Title III of the Omnibus Crime Control and Safe Streets Act of 1968.

True

True or False: Open fields do not enjoy Fourth Amendment protection, but homes and curtilage do.

True

True or False: The Fourth Amendment is limited to conduct that is governmental in nature. Thus, when a private individual seizes evidence or otherwise conducts a search, the protections of the Fourth Amendment are not triggered.

True