Criminal Procedure (BARBRI) 2025/2026
Exam Questions and Correct Answers |
1
New Update
4th Amendment: Search and Seizure - 🧠 ANSWER ✔✔Whether search and
seizure falls under 4th AM must affirmatively answer all:
i. Was the invasion upon an area/item protected by 4th AM
ii. Did Government agent
1. Physically intrude protected area/item to obtain information or
2. Violate individual's reasonable expectation to privacy in protected
area/item
iii.Did individual have authority/standing to challenge government agent
conduct?
The 4th AM Protects: - 🧠 ANSWER ✔✔1. Persons (body)
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PRIVACY STATEMENT. ALL RIGHTS RESERVED
,2. Houses (hotel rooms) + Curtilage (area of domestic use immediately
surrounding house)
2
3. Papers
4. Effects (wearing/carrying/cars/purses)
The 4th AM Does NOT Protect: - 🧠 ANSWER ✔✔Generally: anything public
in nature, routinely exposed to 3P
1. Account records (banks)
2. Public airspace
3. Garbage (curbside)
4. Odors (emanating from car/luggage)
5. Open fields (in or across)
Government Agent: Physical Intrusion or Privacy Expectation Violation - 🧠
ANSWER ✔✔i. Remember Jones Case: GPS device tracking car's
movement was violation b/c car is protected and was done to obtain
information on movement of car
ii. Reasonable Expectation Privacy Test
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
,1. Individual must show actual/subjective expectation to privacy of area
2. Expectation must be recognized as reasonable by society (most
3
important requirement)
iii. Device not in public use
1. Searches are presumptively unreasonable when a device not in public
use is used to explore details of home that could not have been known
without physical intrusion (thermal sensor)
Standing/Authority - 🧠 ANSWER ✔✔Must have standing to challenge
lawfulness of government conduct
1. Individual's own privacy rights must be implicated
Standing Includes: - 🧠 ANSWER ✔✔1. Owners and renters of premises
2. Guests of premises in areas overnight guests are expected to be
(common area)
3. Ownership of seized property SO LONG AS owner has reasonable
expectation to privacy of area it was seized
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
, Standing Does NOT Include: - 🧠 ANSWER ✔✔1. Brief commercial contact
(one time visit, friends using apartment)
4
2. Ownership of seized property that has no reasonable expectation to
privacy of area it was seized
3. Passenger of car (no reasonable expectation to privacy)
Was the Government Agent's Action Constitutional? (With Search Warrant)
- 🧠 ANSWER ✔✔Warrant Must:
1. Issued by neutral and detached magistrate
2. Supported by probable cause and particularity or if defective police must
rely in good faith
3. Properly executed by police
Neutral and Detached Magistrate - 🧠 ANSWER ✔✔Conduct must not
demonstrate bias in favor of prosecution
Probable Cause and Particularity Gates Test (Modern) - 🧠 ANSWER
✔✔Probable cause requires proof of fair probability contraband or evidence
of crime will be found in area searched.
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
Exam Questions and Correct Answers |
1
New Update
4th Amendment: Search and Seizure - 🧠 ANSWER ✔✔Whether search and
seizure falls under 4th AM must affirmatively answer all:
i. Was the invasion upon an area/item protected by 4th AM
ii. Did Government agent
1. Physically intrude protected area/item to obtain information or
2. Violate individual's reasonable expectation to privacy in protected
area/item
iii.Did individual have authority/standing to challenge government agent
conduct?
The 4th AM Protects: - 🧠 ANSWER ✔✔1. Persons (body)
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
,2. Houses (hotel rooms) + Curtilage (area of domestic use immediately
surrounding house)
2
3. Papers
4. Effects (wearing/carrying/cars/purses)
The 4th AM Does NOT Protect: - 🧠 ANSWER ✔✔Generally: anything public
in nature, routinely exposed to 3P
1. Account records (banks)
2. Public airspace
3. Garbage (curbside)
4. Odors (emanating from car/luggage)
5. Open fields (in or across)
Government Agent: Physical Intrusion or Privacy Expectation Violation - 🧠
ANSWER ✔✔i. Remember Jones Case: GPS device tracking car's
movement was violation b/c car is protected and was done to obtain
information on movement of car
ii. Reasonable Expectation Privacy Test
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
,1. Individual must show actual/subjective expectation to privacy of area
2. Expectation must be recognized as reasonable by society (most
3
important requirement)
iii. Device not in public use
1. Searches are presumptively unreasonable when a device not in public
use is used to explore details of home that could not have been known
without physical intrusion (thermal sensor)
Standing/Authority - 🧠 ANSWER ✔✔Must have standing to challenge
lawfulness of government conduct
1. Individual's own privacy rights must be implicated
Standing Includes: - 🧠 ANSWER ✔✔1. Owners and renters of premises
2. Guests of premises in areas overnight guests are expected to be
(common area)
3. Ownership of seized property SO LONG AS owner has reasonable
expectation to privacy of area it was seized
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
, Standing Does NOT Include: - 🧠 ANSWER ✔✔1. Brief commercial contact
(one time visit, friends using apartment)
4
2. Ownership of seized property that has no reasonable expectation to
privacy of area it was seized
3. Passenger of car (no reasonable expectation to privacy)
Was the Government Agent's Action Constitutional? (With Search Warrant)
- 🧠 ANSWER ✔✔Warrant Must:
1. Issued by neutral and detached magistrate
2. Supported by probable cause and particularity or if defective police must
rely in good faith
3. Properly executed by police
Neutral and Detached Magistrate - 🧠 ANSWER ✔✔Conduct must not
demonstrate bias in favor of prosecution
Probable Cause and Particularity Gates Test (Modern) - 🧠 ANSWER
✔✔Probable cause requires proof of fair probability contraband or evidence
of crime will be found in area searched.
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
