True or False Chapters 1-3
Both UNITED STATES V. JACOBSEN and WALTER V. UNITED STATES upheld the subsequent GOVERNMENT searches which had exceeded the scope of earlier PRIVATE searches.
False
Even a very casual reading of the Fourth Amendment to the Constitution will reveal that it literally does require both a WARRANT and PROBABLE CAUSE for every search and seizure.
False
In all criminal cases, when government agents violate the Fourth Amendment, the criminal justice process comes to a halt, charges are dismissed, and the accused is set free.
False
In order to determine whether PROBABLE CAUSE exists for him or her to issue a search warrant, a magistrate has to be convinced beyond a reasonable doubt that contraband or evidence of a crime surely will be found on the person or in the place to be searched.
False
Police officers have probable cause to arrest someone only when and where they possess a valid WARRANT to take that person into their custody.
False
Thanks to the Fourth Amendment's PARTICULARITY requirement, search warrants never may authorize the seizure by police of an entire "class" of items.
False
Thanks to the Fourth Amendment's PARTICULARITY requirement, search warrants never may contain a catch-all phrase such as "evidence of crime at this [time] unknown" or language in terms of a certain statute.
False
The Fourth Amendment applies to ALL SORTS of searches and seizures, not just to those that are the product of GOVERNMENTAL action.
False
The Fourth Amendment only protects against unreasonable government SEARCHES of persons and property, leaving the protection against unreasonable SEIZURES entirely to the "reasonable clause" of the Fifth Amendment.
False
There indeed had been a SEIZURE in CALIFORNIA V. HODARI D. because, from the very beginning in this case, the juvenile suspect was stopped by the police at gunpoint, was put into handcuffs and leg irons, and was placed into a marked police van for immediate transport to jail.
False
There never can be EXIGENT circumstances or situations which are sufficient to justify a warrantless entry by the police into an individual's home to arrest him or her there.
False
A SEARCH WARRANT protects the individual's privacy interest in his or her home and possessions against unjustified police intrusions.
True
A two-part test was adopted in KATZ V. UNITED STATES to determine whether a person's "EXPECTATION OF PRIVACY" is a legitimate expectation.
True
An ARREST WARRANT protects the individual from an unreasonable seizure by government officers or agents.
True
As a GERNAL RULE, the existence of probable cause is required for a search or seizure.
True
If an executing officer or agent exceeds the scope of his or her search warrant, the seized evidence may be suppressed.
True
KATZ V. UNITED STATES states a basic constitutional rule, that WARRANTLESS SEARCHES "are per se unreasonable under the Fourth Amendment- subject only to a few specifically established well-delineated exceptions."
True
Law enforcement officers lawfully may arrest persons who commit crimes in their presence even though they have no arrest warrant.
True
MARYLAND V. BLUE has emphasized that a LIMITED PROTECTIVE SWEEP by the police is not a full search, but only entails a cursory inspection of the premises.
True
Our courts do seem to afford considerable deference to the observations and conclusions of the police officers who appear before them.
True
The Supreme Court generally has interpreted the requirement that every search or seizure by a government agent be "reasonable" to mean that an arrest or a search must be based on probable cause and executed pursuant to a warrant.
True
The validity of a "search incident to a valid arrest" depends upon the legality of that arrest.
True
UNITED STATES V. PLACE and INDIANAPOLIS V. EDMOND serve as examples of the relevance which the degree of intrusiveness involved in the governmental action ha in determining whether a "search" has occurred.
True
UNITED STATES V. PLACE holds that the detention of PERSONAL EFFECTS is governed by the same standard as the seizure of a person who would be in possession of those goods.
True
When the police hold a person beyond the amount of time necessary to effectuate the purpose of the STOP, so that such actions by the police exceed the bounds justified by reasonable, articulable suspicion, the seizure becomes an ARREST and it must be supported by probable cause.
True
