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CRJ 123 Final Exam Study Guide: Fourth Amendment and Search and Seizure, Exams of Criminal Law

This study guide provides a comprehensive overview of the fourth amendment and its application to search and seizure laws. It covers key concepts such as reasonable expectation of privacy, warrant requirements, exceptions to the warrant requirement, and the application of these principles to individuals, places, and motor vehicles. The guide includes numerous examples and sample questions to help students understand and apply the concepts.

Typology: Exams

2024/2025

Available from 03/03/2025

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CRJ 123 Final Exam Study Guide | 100% Correct
Answers | Verified | Latest 2024 Version
IN ORDER TO BE PROTECTED UNDER THE FOURTH AMENDMENT, WHAT ARE THE THREE QUESTIONS
THAT NEED TO BE ANSWERED? - ✔✔
Was the conduct a search?
Was the conduct a Seizure?
Was their state action?
What is conduct of search determined by? - ✔✔The Reasonable Expectation of Privacy test.
What are the two components of the expectation of the reasonable expectation privacy test? - ✔✔
1. Did the person express an expectation of privacy?
2. Would a reasonable person also expect privacy?
When does a seizure occur? - ✔✔When the government gains control over the object. Seizure is
determined by the free to leave test.
What is the free to leave test? - ✔✔Under all circumstances, would a reasonable person feel free to
leave?
What is state action? - ✔✔1. Was the person a government employee?
2. Did a private person work paid or unpaid for the government?
*Occurs when government conducts search and/or seizure. A search by private citizens does not involve
the 4th amendment. Unless the government encourages or participates in the search and seizure.
HOW DO YOU DETERMINE IF CODUCT VIOLATED THE FOURTH AMENDMENT? - ✔✔Was the search that
was conducted pursuant to a valid warrant?
-IF NOT was the search justified by an exception to the warrant requirement.
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CRJ 123 Final Exam Study Guide | 100% Correct

Answers | Verified | Latest 2024 Version

IN ORDER TO BE PROTECTED UNDER THE FOURTH AMENDMENT, WHAT ARE THE THREE QUESTIONS

THAT NEED TO BE ANSWERED? - ✔✔

Was the conduct a search? Was the conduct a Seizure? Was their state action? What is conduct of search determined by? - ✔✔The Reasonable Expectation of Privacy test. What are the two components of the expectation of the reasonable expectation privacy test? - ✔✔

  1. Did the person express an expectation of privacy?
  2. Would a reasonable person also expect privacy? When does a seizure occur? - ✔✔When the government gains control over the object. Seizure is determined by the free to leave test. What is the free to leave test? - ✔✔Under all circumstances, would a reasonable person feel free to leave? What is state action? - ✔✔1. Was the person a government employee?
  3. Did a private person work paid or unpaid for the government? *Occurs when government conducts search and/or seizure. A search by private citizens does not involve the 4th amendment. Unless the government encourages or participates in the search and seizure. HOW DO YOU DETERMINE IF CODUCT VIOLATED THE FOURTH AMENDMENT? - ✔✔Was the search that was conducted pursuant to a valid warrant?
  • IF NOT was the search justified by an exception to the warrant requirement.

What exceptions apply when violation of the forth amendment comes into play with PEOPLE - ✔✔1.Stop and Frisk 2.Warrant Arrest 3.Warrantless Arrest 4.Search incident to arrest 5.Inventory Searches 6.Drug Testing. What is stop and frisk? - ✔✔Stop is a Detention. A.) Must have reasonable suspicion that the suspect was committing or about to commit, or had committed a crime. B.)The stop must be brief and on the spot. Frisk is a Putdown A. Must have reasonable suspicion that suspect is armed and dangerous. B. Limited to feeling the outside of the clothing. C. Cannot remove non-weapons unless its incriminating nature(immediately appartent) For a WARRANT ARREST of people what two things apply? - ✔✔1. May use arrest warrant as a search warrant only at arrestees home.

  1. Must obtain a search warrant if searching anywhere else. For WARRANTLESS ARREST of people what has to be there? - ✔✔1.Must have probable cause 2.Must be in the public 3.May be in a private place if lawfully in the private place. 4.The officer must personally observe the crime(misdemeanor,infraction)
  2. Does not need to observe felony if have reasonable basis for arrest. For SEARCH INCIDENT TO ARREST what two things are exceptions? - ✔✔1. Search for weapons or contraband.
  3. Limited to objects within arms-reach (wingspan) of the arrestee.

Describing a place to be search with particularity is valid in a warrant when..... - ✔✔1. Such a reasonable person would not search the wrong place.

  1. Address is not required. Describe person/thing to be seized with particularity is valid in a warrant when.... - ✔✔Persons- such that a reasonable person would not arrest the wrong person.( Name and physical description) Things- to prevent a general or exploratory search. Probable Cause for a valid warrant consist of..... - ✔✔1. Arrest Warrant: Person committed a crime.
  2. Search Warrant: person to be searched will reveal evidence of a crime. If the 4th amendment is violated, what are the exceptions for warrantless search and seizures. - ✔✔Plain view and exigent circumstances. What falls under the plain view? - ✔✔1.Officer must be in a lawful position to make observation.
  3. the incriminating nature of the object must be immediately apparent(cannot manipulate)
  4. if their is a seizure, there must be probable cause. What falls under exigent circumstances? - ✔✔-An emergency or condition that excuses a warrant.
  • "Protection Sweeps" are permitted are during an arrest for officer safety.
  • Can search only where a person can hide. What exceptions apply when violation of fourth amendment comes into play with MOTOR VEHICLES - ✔✔1.Search Incident to arrest 2.Motor Vehicle Search Doctrine 3.Vehicle Impounds 4.Inventory Search of vehicle. What is the search incident to arrest? - ✔✔A. May search the entire passenger compartment and containers in the passenger compartment.

B. Arrestee must be able to reach the car. C. If looking for evidence, the evidence must be related to the crime. What is the motor vehicle doctrine? - ✔✔A. MUST have probable cause B.May search ENTIRE car and containers C.No need for warrant. What falls under as an exception for vehicle impounds? - ✔✔Purpose is the non-lawenforcemtn duty of community catering (public safety) What falls under as an exception for inventory search of a vehicle? - ✔✔A. purpose is to deter theft and false claims of theft B. must have and follow procedures. C. usually cannot open locked containers. Their has to be _________ for all warrantless searches and seizures? - ✔✔Consent What are the levels of suspicion? - ✔✔Reasonable suspicion and Probable Cause What is reasonable suspicion? - ✔✔Facts that would lead a reasonable person to have some suspicion. What is probable cause? - ✔✔facts that would a reasonable person to have a STRONG suspicion. SAMPLE QUESTION: Did the Fourth Amendment PROTECT Cheech when Detective Dog used binoculars to observe Cheech throwing something into the trash can? - ✔✔ SAMPLE QUESTION: Was the Fourth Amendment violated when Detective Dog observed and then seized the Barbie doll dresses found in the trash can? - ✔✔