OR Bar Criminal Procedure

Question 1

Under the Fourth Amendment, a search warrant must be supported by:

Accepted Answer

Probable cause supported by oath or affirmation

Answer

Reasonable suspicion of criminal activity

Answer

Clear and convincing evidence of a crime

Answer

A preponderance of evidence that evidence exists

Question 2

Under the 'good faith' exception established in United States v. Leon, illegally obtained evidence may still be admitted if:

Accepted Answer

The officer acted in reasonable reliance on a warrant later found defective

Answer

The magistrate who issued the warrant acted in good faith

Answer

The officer had probable cause independent of the warrant

Answer

The evidence would have been found through lawful means regardless

Question 3

Under Katz v. United States, the Fourth Amendment protects:

Accepted Answer

People's reasonable expectations of privacy, not just property rights

Answer

People's property rights from unreasonable government intrusion

Answer

The home from any form of government surveillance

Answer

Citizens from all government monitoring of their activities

Question 4

The automobile exception to the Fourth Amendment's warrant requirement allows police to search a vehicle without a warrant when:

Accepted Answer

There is probable cause to believe the vehicle contains contraband or evidence of a crime

Answer

The vehicle is stopped for a traffic violation

Answer

The driver is arrested and the vehicle is searched incident to arrest

Answer

The vehicle is parked in a public location visible to the officer

Question 5

Under Terry v. Ohio, a brief investigatory stop and pat-down is constitutionally permissible when:

Accepted Answer

An officer has reasonable articulable suspicion of criminal activity and reason to believe the suspect is armed

Answer

An officer has a hunch based on experience that a crime is occurring

Answer

An officer observes the suspect in a high-crime area for at least ten minutes

Answer

The suspect refuses to identify themselves when an officer approaches

Question 6

In Caniglia v. Strom (2021), the U.S. Supreme Court held that the 'community caretaking' doctrine:

Accepted Answer

Does not justify warrantless searches of a home

Answer

Justifies warrantless vehicle searches when an officer is assisting a motorist in distress

Answer

Applies broadly to any situation where police act to protect public safety

Answer

Creates an exception to the exclusionary rule for evidence found while assisting citizens

Question 7

The 'independent source' doctrine as an exception to the exclusionary rule allows admission of evidence when:

Accepted Answer

The government shows the evidence was discovered through an independent, untainted source apart from the illegality

Answer

The evidence would inevitably have been discovered through lawful means

Answer

The causal connection between the illegal search and the evidence is sufficiently attenuated

Answer

The evidence was found by private citizens rather than police