Question 1

FA: Constitutional Protection

Accepted Answer

eople have the right against unreasonable searches and seizures; any evidence
obtained as a result of a Fourth Amendment violation will be suppressed at trial

Question 2

FA Violtion

Accepted Answer

The conduct by government-authorized personnel;
(2) search or a seizure;
(3) The government actor did not have a valid warrant for the search or seizure, or had a valid warrant but
executed it improperly; and
(4) No exception to the warrant

Question 3

FA: Exclusionary Rule

Accepted Answer

f there has been a violation, the evidence will be excluded unless an exception applies. If
an exception applies, then the evidence will be admitted despite a violation of the defendant’s Fourth Amendment
rights

Question 4

FA: Governemtn Conduct

Accepted Answer

The Fourth Amendment only applies to conduct of persons working on behalf of the
government

Question 5

FA: Search

Accepted Answer

Katz, a search if (1) a person has a legitimate personal expectation of privacy in
the area being searched or communication by the government,
and (2) this expectation is reasonable under the circumstances

Question 6

S: REOP

Accepted Answer

in -  home, apartment, business, or hotel room;
personal belongings, 
(3) Private phone conversations;
(4) Cell-phone location data from a phone company for a period of seven days or more;
(5) items person has an ownership interest; and
(6) Curtilage

Question 7

S:REOP: Curtilage

Accepted Answer

Proximity of the area to the home;
(2) Whether the area is included within an enclosure surrounding the home;
(3) The nature of use of the property; and
(4) Steps taken by the resident to protect the area from observation.

Question 8

S: NO reop

Accepted Answer

Prisoners;
(2) Car passengers, in any area of the car unless (a)  driver’s spouse, (b)  using a taxi service, or (c) the search is of personal belongings; and
(3) Guests in another person’s home unless the person stays overnight;

Question 9

S:REOP

Accepted Answer

nformation voluntarily disclosed to a third party
(2) Garbage or observable by the public;
(3) Conversations that can be overheard in public;
(4) Open fields and
(5) Aerial surveillance in flyovers of curtilage or open fields

Question 10

S: Exceptions

Accepted Answer

search with no REOP

Question 11

S:E:

Accepted Answer

Kyllo: (1) The police used technology that is not in general use (2) to gather
information about the defendant’s home that would not otherwise be obtainable; or
(2) Constitutional Trespass Test: (1) The police physically intruded onto a person’

Question 12

Seizure

Accepted Answer

A seizure of property or a person occurs if (1) the police meaningfully interfere with a person’s
possessory interest in an item, or (2) a person reasonably believes he is not free to leave or terminate the
encounte

Question 13

S: Terry Stop

Accepted Answer

(1) the police officer uses physical force on the person, or (2) the police
officer displays a show of authority, the subject submits to the officer’s authority by stopping, and a
reasonable person in that situation would feel he is not free to leave

Question 14

S: Custody

Accepted Answer

fficer arrests a person by depriving the person of freedom in a significant way; arrests
must be supported by probable cause. Probable cause is present if under the totality of the circumstances,
there is a fair probability that evidenc

Question 15

Obtaining a valid warrant

Accepted Answer

If a government search or seizure is conducted pursuant to a valid warrant,
then the defendant’s Fourth Amendment rights were not violated. A warrant is valid if four requirements are met

Question 16

OVW:

Accepted Answer

Under the totality of the circumstances, there must be a fair probability (i.e., probable cause) that
evidence of a crime will be found in the area being searched or that the person being arrested committed
a crime

Question	Answer
fourth Amendment
FA: Constitutional Protection	eople have the right against unreasonable searches and seizures; any evidence obtained as a result of a Fourth Amendment violation will be suppressed at trial
FA Violtion	The conduct by government-authorized personnel; (2) search or a seizure; (3) The government actor did not have a valid warrant for the search or seizure, or had a valid warrant but executed it improperly; and (4) No exception to the warrant
FA: Exclusionary Rule	f there has been a violation, the evidence will be excluded unless an exception applies. If an exception applies, then the evidence will be admitted despite a violation of the defendant’s Fourth Amendment rights
FA: Governemtn Conduct	The Fourth Amendment only applies to conduct of persons working on behalf of the government
FA: Search	Katz, a search if (1) a person has a legitimate personal expectation of privacy in the area being searched or communication by the government, and (2) this expectation is reasonable under the circumstances
S: REOP	in - home, apartment, business, or hotel room; personal belongings, (3) Private phone conversations; (4) Cell-phone location data from a phone company for a period of seven days or more; (5) items person has an ownership interest; and (6) Curtilage
S:REOP: Curtilage	Proximity of the area to the home; (2) Whether the area is included within an enclosure surrounding the home; (3) The nature of use of the property; and (4) Steps taken by the resident to protect the area from observation.
S: NO reop	Prisoners; (2) Car passengers, in any area of the car unless (a) driver’s spouse, (b) using a taxi service, or (c) the search is of personal belongings; and (3) Guests in another person’s home unless the person stays overnight;
S:REOP	nformation voluntarily disclosed to a third party (2) Garbage or observable by the public; (3) Conversations that can be overheard in public; (4) Open fields and (5) Aerial surveillance in flyovers of curtilage or open fields
S: Exceptions	search with no REOP
S:E:	Kyllo: (1) The police used technology that is not in general use (2) to gather information about the defendant’s home that would not otherwise be obtainable; or (2) Constitutional Trespass Test: (1) The police physically intruded onto a person’
Seizure	A seizure of property or a person occurs if (1) the police meaningfully interfere with a person’s possessory interest in an item, or (2) a person reasonably believes he is not free to leave or terminate the encounte
S: Terry Stop	(1) the police officer uses physical force on the person, or (2) the police officer displays a show of authority, the subject submits to the officer’s authority by stopping, and a reasonable person in that situation would feel he is not free to leave
S: Custody	fficer arrests a person by depriving the person of freedom in a significant way; arrests must be supported by probable cause. Probable cause is present if under the totality of the circumstances, there is a fair probability that evidenc
Obtaining a valid warrant	If a government search or seizure is conducted pursuant to a valid warrant, then the defendant’s Fourth Amendment rights were not violated. A warrant is valid if four requirements are met
OVW:	Under the totality of the circumstances, there must be a fair probability (i.e., probable cause) that evidence of a crime will be found in the area being searched or that the person being arrested committed a crime
OVW: A

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Helix: Criminal Proc