CJL3410 First test w multiple choice

T/F: A search conducted by a private party is not a Fourth Amendment search.

True

Which of the following circumstances provides the most support for an automatic frisk?

armed robbery

T/F: Voluntary contacts between citizens and police officers are seizures.

False

Court opinions refer to past cases to back up their reasoning and their decision in the present case. What are these prior decisions called?

precedents

In order to claim a violation of the equal protection clause, a claimant must prove that:

the government action had a discriminatory effect and a discriminatory purpose.

T/F: According to SCOTUS , there is no reasonable expectation of privacy for information voluntarily conveyed to third parties.

True

According to Kyllo v. U.S. (2001), the measurement of which of the following from the outside of a home constituted a Fourth Amendment search?

heat

Which of the following is a legitimate purpose for a frisk?

to protect officers

T/F: Installing and monitoring a GPS receiver on a vehicle is never a Fourth Amendment search.

False

The Fourth Amendment balances the government's power to control crime and:

the individual right of privacy.

T/F: SCOTUS has held that a citizen can have a reasonable expectation of privacy in telephone conversations.

True

The majority of arrests are made _____________.

Without the use of force

What is needed to establish that government action is a search?

subjective and objective privacy

Which of the following amendments provides a defendant with the right to due process?

the Fourteenth Amendment

T/F: True or false: Most arrests require a warrant based on probable cause.

False

T/F: SCOTUS has held that citizens have a reasonable expectation of privacy in the telephone numbers they call.

False

What doctrine holds that, whenever we knowingly reveal our incriminating secrets, we assume the risk that our false friends will use them against us in criminal cases?

third-party doctrine

What presumption assumes that the government is acting lawfully unless there is clear evidence to the contrary?

the presumption of regularity

The standard of evidence necessary to detain a traveler at the border for a full-body search (beyond routine custom search) is:

reasonable suspicion.

T/F: True or false: Probable cause requires direct observation by the officer, rather than hearsay.

False

T/F: Citizens have a reasonable expectation of privacy in trash that has been put outside for collection.

False

Detaining a car briefly at a sobriety checkpoint requires:

no individualized suspicion, because of the importance of the state's interest in addressing the drunk driving problem.

In Terry v. Ohio (1968), SCOTUS examined a stop and frisk of a citizen on the street to investigate a robbery. They held:

whenever a police officer accosts an individual and restrains his or her freedom to walk away, he has "seized" that person.

People have no reasonable expectation of privacy in which of the following?

bank records

Frisks are:

the least invasive type of search

Reasonable suspicion needed to make a stop requires:

some minimum level of objective justification.

T/F: An officer conducting a protective pat-down search can never seize any items other than weapons.

False

T/F: True or false: The Supreme Court has ruled that it is unreasonable for police to arrest someone for a minor traffic offense.

False

Categorical suspicion:

can be one of the factors in the entire picture of reasonable suspicion.

SCOTUS has not yet decided if searches of certain types of technology constitute Fourth Amendment searches. Which of the following has not been addressed by SCOTUS?

text messages

Besides notification of charges, what is the other procedural element that is required to satisfy the definition of a "fair trial" under the fundamental fairness doctrine?

a hearing of the facts before sentencing