Criminal Procedure 364 Quiz 3

Which of the following is true about a search?

A search can be the act of looking for evidence. Looking for evidence may not constitute a search. A nonsearch does not come under protection of the Fourth Amendment.

With regard to a search, when does justification need to be in place?

Before the search

Under the open fields doctrine set forth in Oliver and in Dunn, in which of the following situations will a warrant be required to conduct a search?

If the field is partially surrounded by a chain link fence If the field is partially surrounded by a fence with a "no trespassing" sign attached If the person owning the field has enclosed it with a fence, but does not have a "no trespassing" sign attached None of the above situations require the police to secure a warrant

Which of the following factors are used to determine if an area is considered an "open field"?

The proximity of the area to the house Whether the area is included within a fence or another enclosure surrounding the house The nature of the use to which the land/property is being put The steps taken by the resident to protect the area from observation

The Fourth Amendment contains which two basic clauses?

The reasonableness and warrant clauses

The courts consider which of the following factors when distinguishing between open fields and curtilage?

The use to which the land/property is put

In Illinois v. Gates, the Court ruled that when securing a warrant based in part on an anonymous tipster, probable cause may be based on:

Totality of circumstances

A search occurs when government actors engage in activity that infringes on one's:

reasonable expectation of privacy

The _____ clause of the Fourth Amendment proscribes unreasonable searches and seizures.

reasonableness

In which case did the Supreme Court hold that the Fourth Amendment "protects people, not places"?

Katz v. United States