Sheriff Search and Seizure Laws 3

Question 1

Katz v. United States (1967) fundamentally changed Fourth Amendment analysis by holding that the amendment protects:

Accepted Answer

People's reasonable expectations of privacy, not merely physical locations or property

Answer

Only physical places explicitly listed in property deeds

Answer

Only communications that occur inside government-owned facilities

Answer

All private communications regardless of the method used

Question 2

Which of the following scenarios would most clearly justify a Terry investigative stop based on reasonable articulable suspicion?

Accepted Answer

A person closely matching the detailed description of an armed robbery suspect is seen one block from the crime scene minutes after the offense

Answer

A person is walking alone in a neighborhood with a historically high crime rate

Answer

An officer has an unspecific feeling that a person 'looks suspicious'

Answer

A person refuses to answer questions when approached by an officer on the street

Question 3

The 'fruit of the poisonous tree' doctrine holds that:

Accepted Answer

Evidence discovered as a direct result of an illegal search or seizure is itself inadmissible

Answer

Physical evidence found growing on private property may not be seized without a warrant

Answer

Only the primary piece of illegally obtained evidence is excluded from trial

Answer

All evidence in a criminal prosecution must first be reviewed and approved by a judge

Question 4

Under Fourth Amendment case law, may a deputy sheriff search garbage bags a resident has placed at the curb for collection without a warrant?

Accepted Answer

Yes, because a person has no reasonable expectation of privacy in garbage voluntarily exposed to the public

Answer

No, because garbage remains private property until collected by the sanitation service

Answer

No, a warrant is always required to search any container a person owns

Answer

Yes, but only after obtaining the resident's consent or a court order

Question 5

The 'open fields' doctrine, originating in Hester v. United States (1924), provides that law enforcement officers:

Accepted Answer

May enter and observe open fields without a warrant because there is no reasonable expectation of privacy in such areas

Answer

May never enter private land for any purpose without first obtaining a warrant

Answer

Must obtain a warrant before searching any area located on privately owned property

Answer

May search open fields only if the boundary is visible from a public roadway

Question 6

A 'protective sweep' following an in-home arrest is best described as:

Accepted Answer

A quick visual inspection of spaces immediately adjoining the arrest scene where an attacker could be hiding

Answer

A thorough room-by-room search of a residence authorized by a valid search warrant

Answer

A search of the interior of a vehicle conducted during a traffic stop for officer safety

Answer

An inventory search conducted after a vehicle has been lawfully impounded

Question 7

The 'independent source' doctrine allows evidence that was initially discovered through illegal means to be admitted at trial if:

Accepted Answer

The same evidence was also obtained through a separate and wholly lawful investigation independent of the illegality

Answer

The officer independently believed, in good faith, that the original search was lawful

Answer

The searching officer is employed by a different agency than the one that conducted the illegal search

Answer

The evidence is independently corroborated by a civilian witness's testimony