1. Until 1967, the U.S. Supreme Court defined searches mainly according to property law. According to the
____________, to qualify as a search, officers had to invade physically a“constitutionallyprotected
area.”
a. constitutionality doctrine
b. privacy doctrine
c. trespass doctrine
d. reasonable expectation of privacy doctrine
2. In which of the following situations DOES there exist an expectation of privacy?
a. Standing on the street and looking into the living room through open curtains.
b. Climbing over a backyard fence.
c. Observing someone carrying a briefcase.
d. Overhearing a conversation on the street.
3. In Illinois v. Caballes, the Supreme Court ruled that:
a. Drivers of automobiles have a reasonable expectation of privacy that protects them from the use of drug-
sniffing dogs without a warrant.
b. Drug-sniffing dogs can only be used if there is reasonable suspicion the driver has narcotics.
c. Drug-sniffing dog searches are prone to many errors and are so intimidating that officials must have
probable cause to use them.
d. The use of well-trained drug-sniffing dogs to expose contraband items that would remain hidden in a routine
trafficstop,doesnotintrudeonadriver’sreasonableexpectationofprivacyandtheFourthAmendment
does not apply.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
4. Which of the following is NOT a show of authority seizure?
a. Setting up a roadblock
b. The presence of several officers
c. Flashing an emergency light
d. Following a pedestrian in a police car
5. If it is determined that the police have not engaged in a search or seizure:
a. theFourthAmendmentappliesonlyinparttotheofficer’sactions.
b. the due process clause has been violated.
c. thepoliceactionsarenotsubjecttotheFourthAmendment’srequirements.
d. according to the exclusionary rule, the search or seizure is inadmissible.
6. In Terry v. Ohio (1968), the U.S. Supreme Court ruled on:
a. stop and frisk
b. the open field doctrine
c. the plain view doctrine
d. the privacy doctrine
7. General warrants, or writs of assistance, as they were known in Britain and in the American colonies:
a. gave officers blanket authority to completely search a particular shop or home.
b. found favor in the American colonies because they were more restrictive than a warrantless search.
c. gave the person with the writ authority to enter any house for the entire life of the monarch.
d. were repealed in the American colonies by the Stamp Act.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
8. What effect has the Fourth Amendment search and seizure conditions had on American criminal procedure?
a. It has assisted in protecting a notion of privacy for individuals.
b. It has given the police unrestricted abilities to conduct searches.
c. It has greatly limited personal expectations of liberty in public places.
d. It has guaranteed that law enforcement can act arbitrarily to gather facts.
9. The first part of a writ of assistance, where royal agents can search anyone, anywhere, anytime, is referred to as a
_______ warrant.
a. general
b. constitutional
c. privacy
d. specific
10. According to the Supreme Court in Katz v. U.S., involving an electronic listening and recording device attached
to the outside of a public telephone booth:
a. the Fourth Amendment protects people, not places.
b. asubjectiveexpectationofprivacyconferstheFourthAmendment’sprotection.
c. there is no search unless there has been a physical intrusion into a place.
d. eavesdropping on a public phone booth is not a search.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
11. In which case did the court rule that a person’s right to privacy outweighed their location? That is, the person’s
expectation of privacy as opposed to the place that would have an expectation of privacy?
a. Tennessee v Garner
b. Mapp v Ohio
c. Katz v U.S.
d. Miranda v Arizona
12. Justice Black, in his dissenting opinion in Katz v. U.S., claimed that:
a. theFourthAmendment’swordsdidnotsupportthemajorityandthattheCourtwasexpandingthemeaning
of the Fourth Amendment to keep up with the times.
b. the Fourth Amendment created a general right of privacy.
c. the Fourth Amendment was meant to protect against eavesdropping.
d. the Fourth Amendment created a general right of privacy and was meant to protect against eavesdropping.
13. What is needed to establish that government action is a search?
a. The societal recognition that a personal expectation of privacy is reasonable.
b. Societal recognition that a personal expectation of privacy is reasonable and the exhibition of a personal
subjective expectation of privacy.
c. Actual trespass into an area.
d. Mere governmental intent to conduct a search.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
14. The Supreme Court has held that citizens have no reasonable expectation of privacy in which of the following?
a. Telephone conversations.
b. Bank records.
c. Private papers.
d. Letters given to the post office.
15. According to the Supreme Court in Smith v. Maryland (1979), a person does not have a reasonable expectation
of privacy in:
a. his or her personal diary.
b. telephone conversations.
c. the telephone numbers that they dial.
d. the briefcase they carry in a public place.
16. In California v. Greenwood (1988), the Supreme Court held:
a. there is no reasonable expectation of privacy in the trash we place in the waste baskets located in our
homes.
b. there is no reasonable expectation of privacy in the trash we place in bags/cans we place outside for pick-
up on the front curb of our homes.
c. there is a reasonable expectation of privacy in the trash we place on the front curbs outside our homes
because the trash is still on our property.
d. there is no reasonable expectation of privacy in trash unless we have shredded it.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
17. According to the Supreme Court opinion in U.S. v. White (1971), involving a friend wired for sound to the police:
a. a defendant has a constitutionally protected expectation that a person he is conversing with will not reveal
the conversation to the police.
b. a person contemplating illegal activities must realize and risk that his friend may be reporting to the police.
c. asuspect’sfriendmayrelatethesubstanceofconversationsbetweenthetwowithoutviolatingtheFourth
Amendment, but the amendment is violated if the friend records those conversations for the police without a
warrant.
d. anytime electronic devices are used to obtain evidence, a search warrant is required.
18. In U.S. v. White, involving incriminating statements heard by law enforcement because of warrantless electronic
eavesdroppingofdefendantWhite’scoconspirator,theSupremeCourtheldthat:
a. live participant monitoring was reasonable under the Fourth Amendment, but
electronic eavesdropping was not.
b. White had no reasonable expectation of privacy in his conversation with the co-conspirator.
c. three-party bugging jeopardizes our sense of security and therefore was unreasonable.
d. theuseofgovernmentinformantsintherespondent’shomeviolatedtheFourthAmendment.
19. According to the plain view doctrine:
a. plain view is an exception to the search warrant requirement.
b. plain view is a Fourth Amendment search.
c. plain view observations always fall outside of the Fourth Amendment restrictions.
d. once in plain view, an item may be searched to confirm that it is able to be seized.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
20. An officer who smells marijuana as he drives by a car with an open window:
a. cannot compel the driver to stop the car so he can investigate without a warrant.
b. islimitedtonotingthelicenseplatenumberofthevehicleandinitiatingastakeoutoftheowner’shomein
order to gather additional evidence.
c. is authorized to stop the car to investigate without a warrant or probable cause because it is a plain search
and outside the scope of the Fourth Amendment.
d. is authorized to stop and investigate because he has probable cause under the Fourth Amendment.
21. An officer who uses a flash light to look inside the front seat of a locked, illegally parked automobile on a public
street and notices a bag of marijuana on a front seat has:
a. conducted an illegal search because he enhanced his normal senses with a flashlight.
b. conducted an illegal search because he looked into the windows of a locked car.
c. not conducted a search at all and his actions are not in violation of the Fourth Amendment because the
marijuana was in plain view.
d. conducted a legal search because under the Fourth Amendment he can use a flashlight.
22. In California v. Ciraolo(1986),acaseinvolvingthepoliceusingaplanetofly1000feetoverCiraolo’syardto
see if he was growing marijuana, the Supreme Court ruled:
a. theplaneenhancedthepoliceofficer’snaturalvisionand,therefore,theFourthAmendmentwasimplicated
and the officers should be held to the probable cause and warrant requirements.
b. theplaneenhancedtheofficer’svisionbuttheyhadprobablecausebasedonotherevidence.
c. theplanedidn’tenhancetheofficer’svision,thereforeitwasaplainviewsearchoutsidethepurviewofthe
Fourth Amendment.
d. the Fourth Amendment restricts officers from using airplanes to search for drugs.
23. PoliceusedathermalimagertoscanKyllo’shomebecausetheyhadinformationthathewasgrowingmarijuanain
his home. Officers did not have a warrant and claimed the search was in plain view. The Supreme Court ruled
that:
a. use of a thermal imager did not alter the fact that the officers observed the marijuana in plain view.
b. use of a thermal imager to explore details of a home that in the past would have been unknown without a
physical intrusion into the home is a search and subject to Fourth Amendment requirements.
c. thermal imagers are common devices and, therefore, the search was in plain view.
d. the use of a thermal imager is always illegal.
24. According to the Supreme Court, a police officer is permitted to use drug sniffing dogs during a routine stop for a
traffic violation:
a. because the driver of the car does not have a reasonable expectation of privacy while lawfully stopped.
b. only if the officer can establish probable cause that the driver has contraband in the car.
c. only if the officer has probable cause and a search warrant.
d. only if the driver has consented to the search.
25. Which of the following places is/are not likely to be considered part of the curtilage?
a. A garage
b. A pool
c. Warehouses on the same property
d. A porch
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
26. Thetwoprongedtestofprivacytodeterminewhetherornotapoliceactionisactuallya‘search’isreferredtoas
the:
a. Subjective and Objective Privacy tests
b. Moral and Legal Privacy tests
c. Prosecutorial and Defense Privacy tests
d. Habeas Corpus and the Corpus Delicti tests
27. The special protection accorded by the Fourth Amendment to persons, places, papers, and effects does not
include protection for:
a. telephone calls.
b. curtilage.
c. offices.
d. open fields.
28. The Fourth Amendment does not protect what the senses perceive in public places. Public places do NOT
include:
a. public parks.
b. private businesses open to the public.
c. streets.
d. employees-only areas of private businesses.
29. Which of the following is NOT an example of abandoned property?
a. A man throws away an empty soda can after finishing the drink inside it.
b. A woman closes her purse but in doing so unknowingly drops her wallet out of it.
c. A person being chased by the police throws away a gun.
d. A person places notes for a letter in a basket to be sent to the paper shredder.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
30. In California v. Hodari D.(1991),ajuveniledroppedthedrugshewascarryingbeforeactuallybeing‘seized’
by police. What was the key issue in this case?
a. The prosecution said since the defendant was being pursued chased by the police, the chase itself
constituteda‘seizure’undertheFourthAmendment.Thuschargingthemwithpossessionofthedrugswas
legitimate.
b. Thattherecoveryofthedrugswasconsidered‘constructivepossession.’
c. That the real issue was that officers had actually seen him throw the drugs away.
d. Thathewas‘not’actuallyseizedundertheFourthAmendmentuntilhehadactuallybeensubduedor
submitted to the police, thus the drugs were not admissible.
31. In Florida v. Bostick(1991),thecourthadtoaddresswhenapersonwas‘stopped’whenthepersoninvolved
was:
a. the driver of a car stopped pursuant to a traffic stop.
b. a passenger in a car stopped pursuant to a traffic stop.
c. a passenger on a public bus boarded by police agents.
d. a traveler in a public airport terminal.
32. The point at which an actual seizure occurs is when police:
a. physically grab a person with the intent to keep them from leaving.
b. display their authority by ordering a suspect to stop.
c. draw their weapons and announce that the person is under arrest.
d. stop an individual and hand-cuff them.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
33. According to the plurality opinion of the Supreme Court in U.S. v. Mendenhall involving an airport investigation
of possible drug law violations:
a. voluntary cooperation is determined by whether the agents actually tell citizens they are free to leave.
b. seizure is determined by whether reasonable persons, under the circumstances, would feel or honestly
believe they are not free to go.
c. a person is seized whenever they are moved from the place where the encounter with the police occurs.
d. a person is not seized unless the officer tells the person he or she has been arrested.
34. The use of a roadblock to screen drunk drivers on a public roadway is an example of a Show of ________
seizure.
a. Intent
b. Purpose
c. Authority
d. Force
35. In California v. Hodari D. (1991), the Supreme Court ruled:
a. a seizure cannot occur if the suspect does not yield.
b. a show of authority stop by police is sufficient to establish a seizure occurred.
c. a show of authority is sufficient to establish that a suspect is not free to leave.
d. a warning shot is required to establish a seizure occurred and the suspect continues to flee.
36. In practice, searches and seizures sometimes serve to protect police officers.
a. True
b. False
37. The Fourth Amendment only protects against invasions that amount to unreasonable searches and seizures.
a. True
b. False
38. The US. Supreme Court has held that citizens have a reasonable expectation of privacy in the telephone numbers
they call.
a. True
b. False
39. According to the privacy doctrine, the Fourth Amendment protects places, not persons.
a. True
b. False
40. Thediscoveryofevidencebymeansofalawenforcementofficer’sordinarysensesinanyplacewheretheofficer
has a lawful right to be is not a search.
a. True
b. False
41. The plain view doctrine does not allow the use of ordinary technological enhancements that are widely available,
i.e. flashlights or magnifying glasses.
a. True
b. False
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
42. Theopenfieldsdoctrineprotectslandfromintrusionwhereownershaveputup“notrespassing”signs.
a. True
b. False
43. The police have heard vague rumors of unknown reliability that Smith is growing marijuana in a field on his farm.
ThefieldisnotvisiblefromSmith’shouseorfromanypublicroad.Toreachthefield,thepoliceclimbovera
fencewith“NoTrespassing”signsonit.TheyfindmarijuanagrowinginafieldonSmith’sfarm.Theyhadno
search warrant. This search is constitutional under the open fields doctrine.
a. True
b. False
44. Historically, the English King was able to employ Writs of Certiorari to arbitrarily search private citizens anywhere
and at any time.
a. True
b. False
45. According to the Supreme Court opinion in California v. Greenwood involving incriminating evidence found in
defendant’strash,citizenshaveareasonableexpectationofprivacyintheirtrash.
a. True
b. False
46. A Fourth Amendment seizure occurs when the suspect feels a moral duty to cooperate with police.
a. True
b. False
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
47. The U.S. Supreme Court created the two-prong evaluation of privacy expectations in Katz v. U.S. (1967).
a. True
b. False
48. The Fourth Amendment protects abandoned property.
a. True
b. False
49. The US Supreme Court has held that a citizen can have a reasonable expectation of privacy in telephone
conversations.
a. True
b. False
50. Justice Black, dissenting in Katz v. United States, argued that the Fourth Amendment was meant to only extend
protection to tangible things and places.
a. True
b. False
51. The rule that detection by means of the ordinary senses is not a Fourth Amendment search is known as the
_______ ________ doctrine.
52. _______ is the right to be let alone from government invasions.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
53. The Fourth Amendment protects against unreasonable searches and seizures by the _______.
54. The statement that the Fourth Amendment protects persons, not places, when those persons have a reasonable
expectation of privacy describes the ____________ doctrine.
55. According to the open fields doctrine, the protected and immediately surrounding area around a house is known
as .
56. Looking through abandoned property is not a Fourth Amendment search. For property to be considered
abandoned, there must be _______ to throw the property away and acts that prove this.
57. The concept that a search requires a physical invasion into a constitutionally protected area is called the
____________ doctrine.
58. For Fourth Amendment purposes, privately owned land not in included within the area immediately surrounding
the home is called ____ _____.
59. When a police officer grabs a citizen with the intent to stop that person, that is called a(n) ________ _________
_________.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
60. The right of citizens to come and go as they please is called ________________.
61. Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.
62. Why can plain-view searches be called nonsearches? Identify and describe the situations when the three
conditions of the plain-view doctrine apply.
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES
THE DEFINITION OF SEARCHES AND SEIZURES
63. Why is there no reasonable expectation of privacy in open fields? Why does the open fields doctrine apply even
whenownersposta“NoTrespassing”sign?
64. Identify and give an example of each of the two elements that determines whether property is abandoned for
Fourth Amendment purposes.
65. Identify the two conditions that can turn an encounter with the police into a Fourth Amendment seizure.