Review of 4th Amendment

Review!

Let's take some time to review what we have learned so far!

Multiple Choice

The exclusionary rule currently

• applies to the states based on Mapp v. Ohio

• only applies to the federal government's actions Weeks v. United States

• does not apply to the state or federal government without the "silver platter doctrine" Elkins v. United States

The Exclusionary Rule

• applies to the states.

• does not apply to: grand jury investigations, habeas corpus proceedings, parole revocation hearings & civil proceedings

Multiple Select

Which of the following is NOT an exception to the exclusionary rule?

• Law enforcement acting in good faith

• Introducing the evidence for impeachment purposes

• Introducing the evidence as fruit of the poisonous tree

Fruit of the poisonous tree doctrine - Silverthorne Lumber Co. v. United States

The exclusionary rule applies not only to the evidence obtained as a direct result of a constitutional rights violation but also to evidence indirectly derived from a constitutional rights violation.

Multiple Select

Select all exceptions to the fruit of the poisonous tree doctrine.

• purged taint

• hot pursuit

• independent source

• inevitable discovery

• good faith

The three exceptions to the FPD are

• purged taint - attenuation - whether the derivative evidence was obtained by exploitation of the initial unconstitutional act or instead by other means that are purged of the primary taint. Wong Sun v. United States

• Independent Source Doctrine - evidence was procured by source independent from illegality - Segura v. United States

• Inevitable discovery - the evidence would have been discovered anyway regardless of the illegality - Nix v. Williams

Multiple Choice

Which case creates the test regarding a reasonable expectation of privacy?

• Burdeau v. McDowell

• Katz v. United States

• California v. Greenwood

• Hoffa v. United States

The Fourth Amendment's protections against unreasonable searches and seizures has been limited by the courts to conduct that is governmental in nature.

• Government actors are not limited to law enforcement.

Multiple Choice

Which one of these actors are NOT considered to be government actors?

• fire inspectors

• bouncers

• teachers

• health & safety inspectors

Multiple Select

If a man was in his hotel room with his friend discussing how he had attempted to bribe a jury and his friend unbeknownst to him happened to be an undercover informant. Would the testimony of the undercover informant in trial against the man be in violation of his 4th Amendment rights?

• yes

• no

Remember in Hoffa v. United States, a union official who was invited over to Hoffa's private suite and was voluntarily told incriminating information was not considered an illegal search.

• There is no reasonable expectation of privacy in the things that you tell to others. There is no way to control what other people will do with the information you provide them.

Multiple Select

Law enforcement suspected that Jon was a drug dealer but didn't have probable cause. An officer went over to his house and went through his trash on trash-pick-up day. He found inidicia of drug sales. Did the search of the trash constitute an illegal search?

• yes

• no

Remember in California v. Greenwood the court held that garbage bags left on the side of a public street is readily accessible to the public.

• Moreover, it was put there for the purpose of having a third party retrieve it.

• Thus, there was no reasonable expectation of privacy in the refuge.

Multiple Select

Which of the following areas enjoy 4rth Amendment protections

• private homes

• open fields

• curtilage

• movie theaters

Seizure of a person:

• occurs when a police officer by means of physical force or show of authority intentionally restrains an individual's liberty in such a manner that a reasonable person would believe that he or she is not free to leave.

Multiple Select

At what point does a seizure occur during the pursuit of a suspect?

• When the officer starts chasing the suspect.

• What the officer catches up to the suspect and lays his hands on the suspect during the chase even if the suspect is able to get away.

• When the suspect is handcuffed.

Hodari D - states that the seizure occrs the instant a police officer lays his hands on the suspect during the chase, even if he breaks away from the officer's grasp.

• Moreover, if the person discards anything during the chase, the police may lawfully seize the item because the 4th Amendment doesn't apply (no seizure has yet taken place and the item was discarded.)

Multiple Select

Which of the following is not a requirement for a valid warrant

• probable cause

• neutral and detached magistrate

• particularity

• reasonable suspicion

Remember the reviewing magistrate

• must not have a financial interest in the issuance of warrants.

• must not be a prosecutor

• must be neutral - not acting with law enforcement or participating in searhc

Multiple Select

Arrests in a third-party's home require

• no warrant

• an arrest warrant

• an arrest warrant and a search warrant for the arrestee within the third-party's home