Crim 117 Tests
After Carpenter:
-The Court will always place the most weight on property interests when deciding Fourth Amendment cases -The Court will always place the most weight on location when deciding Fourth Amendment cases ***None of the above
After Carpenter government always needs a warrant when it seeks information from a third party.
False
After Carpenter there is always a reasonable expectation of privacy in one's movements.
False
After the Caballes decision, there is no reasonable expectation of privacy in a car.
False
For purposes of the automobile exception to the warrant requirement if a passenger is present when law enforcement wants to search the passenger's belongings left on the car seat a warrant is required.
False
If a person places their luggage anywhere near a car it is never protected by the warrant requirement.
False
If government obtains information from a third party there is never a reasonable expectation of privacy issue.
False
If law enforcement has probable cause to believe the driver of a vehicle has committed a crime they can search the pockets of passengers without a warrant
False
If law enforcement trespasses onto private property the Fourth Amendment is always violated.
False
If police have probable cause to search a container before it is placed in a car, once the container is placed in a car officers can search the entire car without a warrant.
False
If someone growing marijuana in a residence leaves a window open so that the smell drifts into the street there is probably still a reasonable expectation of privacy in the odor as long as the area where the residence is is remote.
False
If there is no reasonable expectation of privacy law enforcement does not need a warrant but they do need probable cause in order to conduct a search.
False
If, under the Stored Communications Act, government uses a court order to access email addresses that were sent to by a suspect on a particular day the Fourth Amendment is probably violated.
False
If, without a warrant, law enforcement makes observations of backyard in a helicopter and from an altitude approved by the FAA, the Fourth Amendment is probably violated.
False
If, without a warrant, law enforcement places a camera on a pole outside a residence for three days the Fourth Amendment is probably violated.
False
In order to search a containers in automobiles, law enforcement must have probable cause with respect to every single container they wish to search.
False
In search incident to arrest of a car cases law enforcement can go into the trunk without a warrant.
False
Law enforcement always needs a warrant to search a glovebox in a car.
False
Law enforcement always needs a warrant to search under a car seat.
False
Law enforcement can never do a search incident to arrest of an automobile if the suspect whose vehicle it is is detained in a squad car.
False
Law enforcement can never violate a reasonable expectation pf privacy as long as it is conducting its investigation from a helicopter.
False
Law enforcement is not allowed to use their senses from a public street unless they have a warrant.
False
License plate readers that snap plates while vehicles are at traffic lights probably violate the Fourth Amendment.
False
Luggage is always protected by a warrant requirement whether it is in a car or not.
False
Open fields have greater constitutional protection than the curtilage.
False
People have a reasonable expectation of privacy in the numbers they dial from their phone.
False
People probably have a reasonable expectation of privacy in a credit card transaction that they make.
False
Reasonable suspicion requires more evidence than probable cause.
False
The United States Supreme Court has decided that law enforcement can never purchase data from data brokers.
False
The good faith exception can always be used by law enforcement to admit evidence.
False
The use of thermal imaging devices is always unconstitutional.
False
The warrantless use of a drug sniffing dog around a vehicle in a parking lot is probably unconstitutional.
False
The warrantless use of drug sniffing dogs is never constitutional.
False
There is a reasonable expectation of privacy in contraband provided it is stored in a secure place.
False
There is a reasonable expectation of privacy in garbage left on a curb.
False
There is a reasonable expectation of privacy in one's banking records.
False
There is a reasonable expectation of privacy in open fields.
False
There is always a reasonable expectation of privacy in movements inside a house even if windows are open and there are no blinds.
False
There is always a reasonable expectation of privacy on the roadway.
False
There is no reasonable expectation of privacy under any circumstances in e-mails because service providers are in a position to read them.
False
There is probably a reasonable expectation of privacy in one's banking records.
False
Under the automobile exception, if police have general probable cause to search a car they can search a locked glovebox even if what they are looking for would not fit in a glovebox.
False
Under the automobile exception, if police have general probable cause to search a car they can search the pockets of passengers.
False
When law enforcement arrests the driver of a car they can always search the car incident to arrest.
False
The warrantless attachment of a GPS tracking device to someone's automobile for a period of a month:
Is probably unconstitutional
fter Kyllo (the thermal imaging case) the warrantless use of technology not in general use by the public to gather information about the inside of a residence:
Is probably unconstitutional
If, without a warrant, law enforcement enters through the front gate of someone's house, steps up to front door, and opens a bag of garbage sitting next to the door, the Fourth Amendment: (choose the best answer)
Is probably violated
After Carpenter, there is:
There is sometimes a reasonable expectation of privacy in CSLI information
After Arizona v Gant there may be an incentive for law enforcement to keep someone they've arrested near the person's vehicle if they want to search the vehicle incident to arrest.
True
Arizona v Gant was a search of a car incident to arrest case.
True
Consent is an exception to the warrant requirement.
True
Exigent (emergency) circumstances is an exception to the warrant requirement.
True
For purposes of the automobile exception to the warrant requirement personal belongings left in the car are considered part of the car.
True
Geofence warrants often involve collection of data from third parties.
True
Government probably needs a warrant to get a year's worth of email content from a third party provider.
True
Hot pursuit is an exception to the warrant requirement.
True
Hot pursuit of a fleeing felon is an exception the warrant requirement.
True
How long the time window is may be relevant in determining the constitutionality of geofence warrants.
True
If law enforcement wants to do an arrest they need probable cause.
True
If law enforcement wants to perform a temporary detention they need at least reasonable suspicion.
True
If, without a warrant, law enforcement uses a ladder to peer over a fence into a backyard, the Fourth Amendment is probably violated.
True
In Arizona v Gant the government lost at the United States Supreme Court.
True
Judges are supposed to be neutral as between law enforcement and the suspect.
True
Law enforcement can engage in consensual encounters with people even when law enforcement has no evidence at all.
True
Law enforcement can sometimes search a vehicle incident to arrest of the driver even if the arrested driver is in a squad car far away from their car.
True
Law enforcement can sometimes successfully use the good faith exception even if they are relying on a mistake made by another law enforcement officer.
True
Particularity is a requirement stated in the text of the Fourth Amendment.
True
The Automobile Exception was first created by the United States Supreme Court in the Carroll v United States case.
True
The Fourth Amendment is in the Bill of Rights.
True
The general rule is that if law enforcement wants to do a search it needs a warrant and probable cause.
True
The independent source rule is an exception to the exclusionary rule.
True
The more widespread a piece of technology is, the less its use during an investigation raises Fourth Amendment concerns.
True
The quantity and quality of information the government seeks to obtain is relevant to whether there is a reasonable expectation of privacy in the information.
True
The risk that evidence will be destroyed before a warrant can be obtained is one reason for the automobile exception to the warrant requirement.
True
There is a good faith exception to the exclusionary rule
True
There is a reasonable expectation of privacy in conversations that take place inside a phone booth provided the door is shut and the speaker is not speaking unusually loudly.
True
There is more Fourth Amendment protection in the curtilage than in an open field.
True
There is more Fourth Amendment protection of the inside of a residence than there is of the curtilage.
True
Trespass is still a relevant consideration in determining whether a reasonable expectation of privacy has been violated.
True
United States v Ross is a major automobile exception case.
True
Warrants are issued by the judicial branch of government.
True
Whether a person has voluntarily supplied information to a third party is relevant to determining whether there is a reasonable expectation of privacy in the information.
True
Wyoming v Houghton was a search of passenger belongings in a car case.
True
After Carpenter:
The legality of using a subpoena to obtain GPS info about a person probably depends on how much data is obtained
