OR Bar Constitutional Rights and Liberties 3

Question 1

Under the Fourth Amendment, the 'reasonable expectation of privacy' test established in Katz v. United States requires:

Accepted Answer

A subjective expectation of privacy that society recognizes as objectively reasonable

Answer

The Katz two-part test asks whether the individual had a subjective expectation of privacy and whether society is prepared to recognize that expectation as objectively reasonable.

Question 2

Police conduct a warrantless search of a car after a lawful traffic stop and find contraband on the back seat in plain view. The plain view doctrine allows seizure if:

Accepted Answer

Officers were lawfully present, the incriminating nature was immediately apparent, and they had lawful access

Answer

Plain view seizure is lawful when officers are in a lawful vantage point, the incriminating character is immediately apparent, and they have a lawful right to access the object.

Question 3

Which exception to the Fourth Amendment warrant requirement allows police to search an arrestee's person and the area within immediate control without a warrant?

Accepted Answer

Search incident to lawful arrest

Answer

The search incident to lawful arrest exception permits warrantless searches of the arrestee's person and the area within their immediate control to prevent destruction of evidence and officer safety.

Question 4

The exclusionary rule established in Mapp v. Ohio applies to:

Accepted Answer

Both federal and state criminal proceedings, barring unlawfully obtained evidence

Answer

Mapp v. Ohio incorporated the exclusionary rule to the states through the Fourteenth Amendment, requiring both federal and state courts to exclude evidence obtained in violation of the Fourth Amendment.

Question 5

Under the Third-Party Doctrine, which type of information shared with third parties generally lacks Fourth Amendment protection?

Accepted Answer

Bank records and phone numbers dialed voluntarily conveyed to a bank or phone company

Answer

Under Smith v. Maryland and Miller, information voluntarily conveyed to third parties like banks and phone companies loses Fourth Amendment protection because the person assumes the risk the third party will disclose it.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Constitutional Rights and Liberties 3