Probable Cause, Reasonable Suspicion, and 4th Amendment

What is the purpose of the Fourth Amendment?

• To give individuals an absolute right to privacy

• To prohibit all searches and seizures

• To limit only those searches conducted by the government that are considered unreasonable

• To encourage proper law enforcement conduct

What is required for an expectation of privacy to exist?

• Subjective expectation of privacy and objective reasonableness

• We all have privacy

• We have absolute privacy

• Objective reasonableness and probable suspicion

What is the exclusionary rule?

• A rule that prohibits all searches and seizures

• A rule that encourages proper law enforcement conduct

• A rule that allows all items seized during a search to be admissible as evidence

• A rule that excludes evidence obtained from an unreasonable search or seizure

What is the difference between probable cause and reasonable suspicion?

• Probable cause requires more facts or information than reasonable suspicion

• Probable cause requires less facts or information than reasonable suspicion

• Probable cause and reasonable suspicion are based on the same assessment of facts

• Probable cause and reasonable suspicion are not related to the assessment of facts

What is required to establish probable cause to search?

• A fair probability that a crime has occurred or is about to occur

• A moderate chance that a crime has occurred or is about to occur

What must peace officers articulate in order to have probable cause for an arrest warrant?

• The individual to be arrested committed a crime

• The individual to be arrested is suspected of committing a crime

• The individual to be arrested has a criminal record

• The individual to be arrested is a known criminal

Under what circumstances can a search and seizure be considered reasonable and lawful without a warrant?

• When authorized by a valid warrant

• When the defendant proves the search was illegal

• When the peace officer has probable cause

• When the peace officer has a hunch

What are some exceptions to the warrant requirement for a search and seizure?

• Plain View, Exigent Circumstances, and Consent

• Probable Cause, Search Incident to Arrest, and Inventory Search

• Cursory (Terry) Search/Pat Down, Probation Search, and Parole Search

• All of the above

What are the requirements for a seizure in plain view to be lawful?

• Probable cause, a lawful right to be in the location, and lawful access to the item

• Reasonable suspicion, a lawful right to be in the location, and lawful access to the item

• Reasonable suspicion, a lawful right to be in the location, and consent from the owner

In what situations can a warrantless search and seizure be considered legal?

• When there is an imminent danger to a person's life or safety

• When there is a serious damage to property

• When there is an imminent escape of a suspect

• All of the above