Monday, October 02, 2006

Search and Seizure Review Questions

For the Search and Seizure chapter (Chapter 3/6th Edition), choose and answer one review question at the end of the chapter.
Your answer must be posted by 9 p.m. on Wednesday evening.
You may not answer the same question as another classmate.
Make sure you provide the number of the question you are answering and repeat the question.
To receive full credit, you answer must be complete, detailed, properly punctuated and capitalized, well-organized and stylistically appropriate.


At 6:29 AM, Blogger Deneica said...

Question # 12: Why can plain view searches be called non- searches? Plain view searches can be called non searches because plain view searches require officers discover by the ordinary senses of seeing, touching , smelling and hearing and the nonsearches are what the officer discover by the means of their senses are not Fourth Amendment searches.

At 8:08 AM, Blogger Eric said...

Question 2: Identify the four types of sources of information in crime control, and explain why we call these sources reluctant.

Answer: The four sources of information are criminals, suspects, victims, and witnesses. These sources are reluctant(sometimes stubborn, fearful, and even hostile) Criminals dont want to incriminate themselves. Potential criminals dont want to give up their criminal scheme. Victims and other witnesses often are afraid to talk, or they dont want to give up their friends and family. Then law enforcement have to rely on certain methods of getting crucial information from these sources.

At 8:14 AM, Blogger wakila jones said...

Identify and describe the major purposes of the 4th Amendment.
The purpose of the 4th Amendment is to make sure the government dosen't use or gather information unreasonably to use against you. The 4th Amendment allows the government to get all the information needed to help officers in their cases,to put criminals away and other needs which need to be met by law enforcement agents, but it has to be done correctly not unreasonably, not by searches and seizures that violate people's rights.The 4th Amendment gives people a sensse of security, you can come and go as you please or even stay put if you choose.The 4th Amendment protects our property and privacy as well;not against all intusions on property and privacy, but enough so it dosen't get to the limit of becoming unreasonable.

At 8:23 AM, Blogger Maksym said...

Question 7: Identify three stages of citizen-police encounters in which government actions might be searches and seizures.

Answer: Three stages of citizen-police encounters:
1. Initial encounters between individuals and police officers on the street and in other public places.
2. Encounters between individuals and officers after they've been taken to the police station.
3. Encounters after conviction between prisoners and officers in jails and prisons (and in special-needs searches, between school officials and students in schools and colleges and employers and employees in public agencies).

At 8:25 AM, Blogger Gail said...

Question #7-6th edition

Identify the three steps in determining whether the government has complied with the fourth admendment.

1- The governments actions has to be a search and seizure
2- If it was a search and seizure, then it has to be a reasonable search and seizure
3- If the governments search and seizure was reasonable, the evidence obtained must be able to be included.

At 8:33 AM, Blogger TMacy said...

Question #11 5th edition
Explain the difference between the trespass doctrine and the privacy doctrine in the law of searches. The trespass doctrine required physical intrusions into a constitutionally protected area. These areas included persons, houses,papers,and effects. Persons included touching their bodies,going through pockets and performing surgery to remove bullets. The privacy doctrine on the other hand protects persons,but not places whenever they have an expectation of privacy that society is prepared to recognize.

At 8:45 AM, Blogger Nicolette said...

Question #6: Identify the three steps in determining whether the government has complied with the Fourth Amendment.

Determining whether the government has complied with the Fourth Amendment is a three step process intended to answer the questions: 1) Was the government action a search or a seizure? 2) If the government action was a search or a seizure, was it an unreasonable search or seizure? 3) If the government search or seizure was unreasonable, should evidence obtained during the search be excluded?

At 8:58 AM, Blogger Sandra Gay said...

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At 9:24 AM, Blogger Sandra Gay said...

Question #15:Why is there no reasonable expectation of privacy in open fields? There is no resonable expectation of privacy because in open fields that are not immediately attached to a house it is not known at the time if the property is owned by any is also open to interpretation of the curtilege doctrine.

At 10:13 AM, Blogger christine said...

Qustion # 16 - Why does the open fields doctrine apply even when owners post a "No Trespassing" sign?

Open fields are any privately owned land that does not include the immediate surrounding of the house. Whether owners post a fence that states no trespassing, law enforcement can still enter without a warrant. Open fields do not provide the setting for those intimate activities that the Ammendment is intended to shelter from government interference or surveillance. The practical difficulties officers would face if they had to guess before each search whether land owners had erected fences sufficiently high enough, posted a sufficient number of warning signs, or located contraband in an area sufficiently secluded to establish a right of privacy.

At 12:06 PM, Blogger Demetris said...

Question 3: Describe the the origins and original purposes of seaches and seizures.
The origins of seaches and seizures can be tracked back to the English monarchs. The English monarchs gave out a general warrant called a "writ of assistance".This writ's were first given to officers to stop people from committing seditious libels. Later the warrants where allowed for all types of crimes like collecting taxes.The writ of assistance let officers fill in whatever time and whatever place they wanted to search. The Writ was not only all powerful, but also spanned the whole life of the monarch. The Writ were also renewed every time a new monarch was crowned. The problems with the writs later helped the founding fathers set up the fourth amendment which protects us from unreasonable searches and sezurers.

At 12:16 PM, Blogger Shareese said...

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At 12:41 PM, Blogger Shareese said...

Question #13: Identify and describe the situations when the 3 conditions of the plain view doctrine apply.
The conditions are officers are where they have a legal right to be, officers don't beef up their ordinary senses with advance technology and the officer's dicovery is by chance. For example if an officer has a search warrant for a specific item related to one crime, officers may see evidence of another crime. Or they may be conducting a lawful search without a warrant and see contraband in plain view. If a officer stops a car and ask for registration and they see something such as a bag of weed, then it would be covered in the plain sight doctrine. An officer can not use high-tech itemsto enhance their senses to find stuff.

At 2:26 PM, Blogger dannymammola said...

Question #8 Fifth Edition
8)Define a Fourth Amendment Search.
- The Fourth Amendment search is physical intrusion into a "constituitonally protected area"(pg89). It includes the actions of patting a person down, going through his/her pockets and things of that nature. When the book talks about "Constitutionally protected areas" they mean people,houses, businesses, stores, warehouses,cars,briefcases and thngs along those lines.

At 4:41 PM, Blogger B Hallowell said...

Questin 5: Identify two values the "reasonableness" limit is suposed to protect.
The reasonableness limit is to protect the deepest values in a free society: (1)Liberty, the right to come and go as we please, sometimes called the right of locomotion, and (2) Privacy, the right to be let alone by the government.

At 6:52 PM, Blogger Ellie said...

Question #24 - Identify two kinds of restraint on your freedom of movement that have no Fourth Ammendment signifigance.

Answer - The two kinds of restraint on your freedom of movement that have no
Fourth Ammendment are psychological pressure and a sense of moral duty.

At 7:38 PM, Blogger sharon turner said...

Question #22 What can a citizen do when an officer without enough objective basis approaches and asks him questions? The Fourth Amendment was created to make sure the government doesn't use illegal methods to get evidence. Seizure takes place when an officer takes away your right to leave or stay in a place you want to be. In the Fourth Amendment there are two kinds of seizures known as "stops"
1)Actual-seizure stops: Officers physically grab suspects with the intent to keep them from leaving.
2) A :Show-of-authority stops:Where officers display thier authority by ordering suspects to stop drawing their weapons, or otherwise acting in such a way that a reasonable person would not feel free to leave or otherwise terminate the encounter, and B:Suspects submit to the show of authority. So according to the supreme court, Law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking him/her if they are willing to answer some questions, or by putting questions to him if the person is willing to listen...Nor would the fact that the officer identifies himself as a police officer without more, convert the encounter into a seizure. (Florida V. Royer.) So a person who believes he is being unreasonbly asked questions can take the Fifth Amendment and refuse to answer questions and remain silent. And that person because they are not being "seized" can simply walk away and ignore the officer's request. And, walking away doesn't by itself provide the objective basis required to "seize" persons. In the words of Justice White: The person approached, however, need not answer any question put to him; indeed, he may decline to listen to the questions at all and may go on his way. He may not be detained, even momentarily without reasonable, objective grounds for doing so; and his refusal to listen or answer does not without more, furnish such grounds. Also two kinds of restraints on your freedom of movement have no Fourth Amendment significance: Psychological pressure and a sense of moral duty. Pschological pressure and a moral sense of duty to cooperate with police officers Neither of these warrent a Fourth Amendment seizure. So a citizen can be on his way. And walk off into the sunset.

At 7:51 PM, Blogger Kevin M. said...

Question #17

Q: Why is the curtilage excepted from the Open Fields Doctrine?

A: The curtilages found on your property are counted as exceptions because they fall under the objective view of reasonable expectation of privacy. As long as your curtilage is not in open view (it can be behind a fence or closed door of some type) it does not fall under the Open Fields Doctrine. Another exception is if the curtilage is a certain distance from the home (50yds. or more) then it does fall under the Open Fields Doctrine. A commonly disputed issue is over abandoned property such as cars or trash, which often depends on the state and situation.

At 10:48 PM, Blogger Thomas said...

Question #19. Identify and give examples of "public places" that aren't subject to Fourth Amendment protection. THe Supreme Court has made it clear that Fourth Amendment protection does not extend everywhere. Unprotected places are: Publicly owned areas like sidewalks, parks, and stadium;businesses open to the public like restaurants and stores, including public restrooms; and, open fields and abandoned property.

At 9:37 AM, Blogger William Moore said...

Question#14:Define two kinds of "high tech" enhancement to ordinary senses,give examples of each, and state the effect of each on the plain- view doctrine.

Answer: Two kinds of high tech enhancements to ordinary senses are:
1. Flashlights
2. Bifocals
The plain-view doctrine only applies to detection by ordinary senses not via enhanced technology.In this instance, flashlights and bifocals are not cosidered high-powered devices available to only a few people, but are devices that many people use and have access to.Therefore, flashlights and bifocals utilized to enhance eyesight is considered as ordinary eyesight because it does not afford an unfair advantage such as an X ray
or a telescope.

At 9:37 PM, Blogger TomekaA said...

#16 5th edition
What nonlegal pressures may individuals feel when police officers approach and ask them questions? What legal obligation does a citizen have in such encounters if they are not Fourth Amendment seizures?
Individuals may feel psychological pressure by being approached by police officers and some may also feel a moral duty to cooperate. But a citizen has no legal obligation to comply with an officers request if they are not being seized and can simply walk away.


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