TMAS 2 Questions And Answers With Verified Quiz
Objective Reasonableness ANS Whether society is prepared to recognize an individual's expectation of privacy
as reasonable
Probable cause to search ANS Crime was committed or will be committed, evidence exist, and located in the
place to be searched.
Custodial lineup ANS Identification procedure in which the victim or witness to a crime is asked to look at a
number of individuals within a custodial environment in an attempt to identify the suspect.
Custodial lineup timing ANS May take place any time after a crime has been committed.
Scope of Search Incident to Arrest ANS A search incident to a custodial arrest may include:a full search of the
arrestee's personcontainers on the arrestee's personthe nearby physical area that was under the immediate
control of the arrestee (sometimes referred to as "within arm's reach")
Fourth Amendment Protection ANS Officers must have probable cause and a warrent signed by a judge. Once a
warrent is recived, officers can only search in the specified locations described in the warrent.
Reasonable expectation of privacy ANS can exist almost anytime and anyplaceas long as:
-individuals have indicated that they personally (subjectively) expect privacy in the object or area,
-their expectation is one which society is prepared to recognize as legitimate
Subjective expectation of privacy ANS is a person's state of mind demonstrated by affirmative action designed
to protect their privacy (e.g., building a fence, closing window shades, locking a compartment, etc.).
Curtilage ANS Relatively small and usually well-defined area immediately around a residence to which the
private activities of the home extend, and in which the owner has an expectation of privacy
Open fields ANS Outdoor real property, outside the curtilage of the residence
, Over flights ANS The flight of a plane or helicopter over a given area
Standing ANS Exists only if a subject has a reasonable expectation of privacy in the place or thing that is
searched or seized. Generally established by:OwnershipLawful possession AuthorityControl of the area searched or
the property seized
The exclusionary rule ANS If a court finds a search or seizure is not reasonable and a persons fourth
amendment rights have been violated by the government all items seized during the search could be ruled
inadmissible or excluded as evidence at trial. *fruit of the poisonous tree
Probable cause to arrest ANS Honest and strong belief that a crime was committed and the person arrested
committed that crime.
Nexus Rule ANS Officers may seize items not listed in the warrant when:the items are discovered while the
officers are conducting a lawful search for the listed evidence, andthey have probable cause to believe the item is
contraband, evidence of criminal behavior, or would otherwise aid in the apprehension or conviction of the
criminal. *reasonable connection or link between two or more items.
Probable cause exception ANS Warrantless vehicle search based on probable cause that the vehicle contains
contraband or evidence of a crime. Also referred as the automobile exception or the vehicle exception.
For a search of a vehicle to be legal under the probable cause exception: ANS - the vehicle must have been
lawfully stopped, or otherwise be lawfully accessible
- the officers must have enough facts, knowledge, training, or experience to provide probable cause that the item
they are seeking will be found inside the vehicle
Scope of Search of a vehicle ANS Officers may search any part of a motor vehicle or anything inside the vehicle
as long as what they are searching for might reasonably be located there. This includes but not limited to: the
passenger compartments The glove compartment The hoodThe trunkAny closed personal containers (including
locked)
Vehicles code section 415 ANS Self propelled. Ex: automobilesAirplanesBusesRecreational vehiclesCarts.....
Motor homes ANS Considered motor vehicle when it is being used on a highway or if it is capable of such use
and is located in a place not regularly used for residential purposes.
Objective Reasonableness ANS Whether society is prepared to recognize an individual's expectation of privacy
as reasonable
Probable cause to search ANS Crime was committed or will be committed, evidence exist, and located in the
place to be searched.
Custodial lineup ANS Identification procedure in which the victim or witness to a crime is asked to look at a
number of individuals within a custodial environment in an attempt to identify the suspect.
Custodial lineup timing ANS May take place any time after a crime has been committed.
Scope of Search Incident to Arrest ANS A search incident to a custodial arrest may include:a full search of the
arrestee's personcontainers on the arrestee's personthe nearby physical area that was under the immediate
control of the arrestee (sometimes referred to as "within arm's reach")
Fourth Amendment Protection ANS Officers must have probable cause and a warrent signed by a judge. Once a
warrent is recived, officers can only search in the specified locations described in the warrent.
Reasonable expectation of privacy ANS can exist almost anytime and anyplaceas long as:
-individuals have indicated that they personally (subjectively) expect privacy in the object or area,
-their expectation is one which society is prepared to recognize as legitimate
Subjective expectation of privacy ANS is a person's state of mind demonstrated by affirmative action designed
to protect their privacy (e.g., building a fence, closing window shades, locking a compartment, etc.).
Curtilage ANS Relatively small and usually well-defined area immediately around a residence to which the
private activities of the home extend, and in which the owner has an expectation of privacy
Open fields ANS Outdoor real property, outside the curtilage of the residence
, Over flights ANS The flight of a plane or helicopter over a given area
Standing ANS Exists only if a subject has a reasonable expectation of privacy in the place or thing that is
searched or seized. Generally established by:OwnershipLawful possession AuthorityControl of the area searched or
the property seized
The exclusionary rule ANS If a court finds a search or seizure is not reasonable and a persons fourth
amendment rights have been violated by the government all items seized during the search could be ruled
inadmissible or excluded as evidence at trial. *fruit of the poisonous tree
Probable cause to arrest ANS Honest and strong belief that a crime was committed and the person arrested
committed that crime.
Nexus Rule ANS Officers may seize items not listed in the warrant when:the items are discovered while the
officers are conducting a lawful search for the listed evidence, andthey have probable cause to believe the item is
contraband, evidence of criminal behavior, or would otherwise aid in the apprehension or conviction of the
criminal. *reasonable connection or link between two or more items.
Probable cause exception ANS Warrantless vehicle search based on probable cause that the vehicle contains
contraband or evidence of a crime. Also referred as the automobile exception or the vehicle exception.
For a search of a vehicle to be legal under the probable cause exception: ANS - the vehicle must have been
lawfully stopped, or otherwise be lawfully accessible
- the officers must have enough facts, knowledge, training, or experience to provide probable cause that the item
they are seeking will be found inside the vehicle
Scope of Search of a vehicle ANS Officers may search any part of a motor vehicle or anything inside the vehicle
as long as what they are searching for might reasonably be located there. This includes but not limited to: the
passenger compartments The glove compartment The hoodThe trunkAny closed personal containers (including
locked)
Vehicles code section 415 ANS Self propelled. Ex: automobilesAirplanesBusesRecreational vehiclesCarts.....
Motor homes ANS Considered motor vehicle when it is being used on a highway or if it is capable of such use
and is located in a place not regularly used for residential purposes.
