FLETC FOURTH AMENDMENT EXAM
QUESTIONS WITH COMPLETE
ANSWERS
EPO 2: Identify situation where reasonable expectation of privacy exists
government work places - Answer-government employees have some REP
depending on factors
-prior notice to the employee (computer banners) that REP is limited or does no exist
-common practices and procedures of employer
-openness and accessibility to the area or item in question
-whether the position of the employee requires special trust and confidence
-whether the employee has waived any REP in the workplace, like through the
collective bargaining process
EPO 2: Identify situation where reasonable expectation of privacy exists
abandoned property - Answer-no REP with abandoned property
abandonment occurs when an individual, either through words or actions indicates
an intention to disavow permanently any interest in the item or place
EPO 2: Identify situation where reasonable expectation of privacy exists
mail - Answer-REP only exists in first class and higher mail sent through UPS
there is REP in all mail sent through private carriers
EPO 2: Identify situation where reasonable expectation of privacy exists
sensory ehancements - Answer-depend on
-sophistication of device
-whether what the officer is observing is occurring in public or private
example: thermal imaging needs a warrant or exception
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
what are the 2 things that can be seized - Answer-people and property
, EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
when is a person seized? - Answer-based on totality of circumstances, 3 general
types:
-a reasonable person would not feel free to leave or otherwise terminate the
encounter
-termination of movement by means intentionally applied
-application of force with the intent to restrain
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
when is property seized? - Answer-when there is meaningful government
interference with an individual's possessory interest in that property
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
the two ways to seize - Answer-apply physical force
make a show of authority to which a person submits
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
3 types of police-citizen encounters - Answer-1- consensual
2-investigative terry stop (requires RS)
3-an arrest (requires PC-reasonable fact driven belief)
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
what is a terry stop? - Answer-a LIMITED (re brief) investigatory detention
which REQUIRES a reasonable, articulable suspicion that criminal activity is afoot
AND that the person detained is somehow involved.
-crime is about to be committed
-being committed
-has been committed
SCOPE OF PERMISSIBLE INVESTIGATIVE ACTIVITIES IS LIMITED TO
CONFIRMING OR DISPELLING THE SUSPICION THAT JUSTIFIED THE
DETENTION IN THE FIRST PLACE - if it goes beyond this it becomes a DE FACTO
QUESTIONS WITH COMPLETE
ANSWERS
EPO 2: Identify situation where reasonable expectation of privacy exists
government work places - Answer-government employees have some REP
depending on factors
-prior notice to the employee (computer banners) that REP is limited or does no exist
-common practices and procedures of employer
-openness and accessibility to the area or item in question
-whether the position of the employee requires special trust and confidence
-whether the employee has waived any REP in the workplace, like through the
collective bargaining process
EPO 2: Identify situation where reasonable expectation of privacy exists
abandoned property - Answer-no REP with abandoned property
abandonment occurs when an individual, either through words or actions indicates
an intention to disavow permanently any interest in the item or place
EPO 2: Identify situation where reasonable expectation of privacy exists
mail - Answer-REP only exists in first class and higher mail sent through UPS
there is REP in all mail sent through private carriers
EPO 2: Identify situation where reasonable expectation of privacy exists
sensory ehancements - Answer-depend on
-sophistication of device
-whether what the officer is observing is occurring in public or private
example: thermal imaging needs a warrant or exception
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
what are the 2 things that can be seized - Answer-people and property
, EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
when is a person seized? - Answer-based on totality of circumstances, 3 general
types:
-a reasonable person would not feel free to leave or otherwise terminate the
encounter
-termination of movement by means intentionally applied
-application of force with the intent to restrain
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
when is property seized? - Answer-when there is meaningful government
interference with an individual's possessory interest in that property
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
the two ways to seize - Answer-apply physical force
make a show of authority to which a person submits
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
3 types of police-citizen encounters - Answer-1- consensual
2-investigative terry stop (requires RS)
3-an arrest (requires PC-reasonable fact driven belief)
EPO 3: identify appropriate actions that may be taken when reasonable suspicion
exists
what is a terry stop? - Answer-a LIMITED (re brief) investigatory detention
which REQUIRES a reasonable, articulable suspicion that criminal activity is afoot
AND that the person detained is somehow involved.
-crime is about to be committed
-being committed
-has been committed
SCOPE OF PERMISSIBLE INVESTIGATIVE ACTIVITIES IS LIMITED TO
CONFIRMING OR DISPELLING THE SUSPICION THAT JUSTIFIED THE
DETENTION IN THE FIRST PLACE - if it goes beyond this it becomes a DE FACTO
