UPTP Exam 2 UPDATED ACTUAL Exam
Questions and CORRECT Answers
Tests for relevant probable cause - CORRECT ANSWER - Credibility of source, basis of
knowledge, and totality of circumstances
Probable Cause that needs corroboration - CORRECT ANSWER - Anonymous sources,
confidential informants
Ways to corroborate PC sources - CORRECT ANSWER - 1st hand info, previous
reliability, predictable info, statements against interest, degree of detachment
Makes PC reliable - CORRECT ANSWER - Timeliness, how long ago was the info
obtained?
Helps corroborate PC - CORRECT ANSWER - Who, what, when, where, how?
Exclusionary Rule - CORRECT ANSWER - Evidence obtained in violation of the 4th
amendment is not admissible in court (Fruit of the poisonous tree)
Exclusionary Rule exceptions - CORRECT ANSWER - Standing, Good Faith, Inevitable
discovery, impeachment, and foreign searches
Standing - CORRECT ANSWER - Only the defendant with violated 4th rights can
benefit, must be proven with REP
Good faith - CORRECT ANSWER - Only applies when an officer reasonably relies on a
mistake made by someone else
,Inevitable discovery - CORRECT ANSWER - Government proves they would have found
the evidence anyway, no need to suppress it because it would have been found anyway
Impeachment - CORRECT ANSWER - When defendants choose to testify, they must
testify truthfully or suffer the consequences
Foreign searches - CORRECT ANSWER - 4th does not apply to a foreign search as long
as it was not solicited by USA
How do you obtain an arrest warrant? - CORRECT ANSWER - Complaint, information,
indictment
Complaint - CORRECT ANSWER - Probable cause from a LEO
Information - CORRECT ANSWER - Probable cause from a US attorney
Indictment - CORRECT ANSWER - Probable cause from Grand Jury charges
Who does the 4th amendment apply to? - CORRECT ANSWER - The government when
a search is conducted
Who is the government in relation to the 4th amendment? - CORRECT ANSWER - Cops,
agents, undercover agents, and confidential informants. Citizens acting as an instrument or agent
of the government or under the direction of a government agent
What can be searched? - CORRECT ANSWER - Persons, dwellings, papers, and effects
Does the 4th apply to private citizens? - CORRECT ANSWER - No
, Who is not the government? - CORRECT ANSWER - Private citizens, parents,
significant others, nosy neighbors, hotel maids, delivery services, foreign LEOs overseas, and
others unconnected to the government
What is a private search? - CORRECT ANSWER - Private citizen, intends to help the law
but was not instructed to do so by any government agent
What is a government search? - CORRECT ANSWER - Government encourages search
to a private actor, reports back to law enforcement
Search - CORRECT ANSWER - A government intrusion upon an individuals REP.
Governmental trespass or physical intrusion upon a constitutionally protected area with intent to
gather information
Katz formula - CORRECT ANSWER - Government + intrusion into area of REP = 4th
search
Jones Formula - CORRECT ANSWER - Government + Trespass into a constitutionally
protected area + purpose of gathering information = 4th search
Reasonable expectation of privacy - CORRECT ANSWER - Person demonstrates a desire
to maintain privacy and the privacy is one society is willing to grant
REP search areas - CORRECT ANSWER - Body, dwellings, vehicles, containers,
government workplaces, abandon property, mail, curtilage, open fields
Body search REP - CORRECT ANSWER - External does not require 4th, internal does
Dwelling places REP - CORRECT ANSWER - Highly protected REP
Vehicles REP - CORRECT ANSWER - Lower REP, getting inside creates higher REP
Questions and CORRECT Answers
Tests for relevant probable cause - CORRECT ANSWER - Credibility of source, basis of
knowledge, and totality of circumstances
Probable Cause that needs corroboration - CORRECT ANSWER - Anonymous sources,
confidential informants
Ways to corroborate PC sources - CORRECT ANSWER - 1st hand info, previous
reliability, predictable info, statements against interest, degree of detachment
Makes PC reliable - CORRECT ANSWER - Timeliness, how long ago was the info
obtained?
Helps corroborate PC - CORRECT ANSWER - Who, what, when, where, how?
Exclusionary Rule - CORRECT ANSWER - Evidence obtained in violation of the 4th
amendment is not admissible in court (Fruit of the poisonous tree)
Exclusionary Rule exceptions - CORRECT ANSWER - Standing, Good Faith, Inevitable
discovery, impeachment, and foreign searches
Standing - CORRECT ANSWER - Only the defendant with violated 4th rights can
benefit, must be proven with REP
Good faith - CORRECT ANSWER - Only applies when an officer reasonably relies on a
mistake made by someone else
,Inevitable discovery - CORRECT ANSWER - Government proves they would have found
the evidence anyway, no need to suppress it because it would have been found anyway
Impeachment - CORRECT ANSWER - When defendants choose to testify, they must
testify truthfully or suffer the consequences
Foreign searches - CORRECT ANSWER - 4th does not apply to a foreign search as long
as it was not solicited by USA
How do you obtain an arrest warrant? - CORRECT ANSWER - Complaint, information,
indictment
Complaint - CORRECT ANSWER - Probable cause from a LEO
Information - CORRECT ANSWER - Probable cause from a US attorney
Indictment - CORRECT ANSWER - Probable cause from Grand Jury charges
Who does the 4th amendment apply to? - CORRECT ANSWER - The government when
a search is conducted
Who is the government in relation to the 4th amendment? - CORRECT ANSWER - Cops,
agents, undercover agents, and confidential informants. Citizens acting as an instrument or agent
of the government or under the direction of a government agent
What can be searched? - CORRECT ANSWER - Persons, dwellings, papers, and effects
Does the 4th apply to private citizens? - CORRECT ANSWER - No
, Who is not the government? - CORRECT ANSWER - Private citizens, parents,
significant others, nosy neighbors, hotel maids, delivery services, foreign LEOs overseas, and
others unconnected to the government
What is a private search? - CORRECT ANSWER - Private citizen, intends to help the law
but was not instructed to do so by any government agent
What is a government search? - CORRECT ANSWER - Government encourages search
to a private actor, reports back to law enforcement
Search - CORRECT ANSWER - A government intrusion upon an individuals REP.
Governmental trespass or physical intrusion upon a constitutionally protected area with intent to
gather information
Katz formula - CORRECT ANSWER - Government + intrusion into area of REP = 4th
search
Jones Formula - CORRECT ANSWER - Government + Trespass into a constitutionally
protected area + purpose of gathering information = 4th search
Reasonable expectation of privacy - CORRECT ANSWER - Person demonstrates a desire
to maintain privacy and the privacy is one society is willing to grant
REP search areas - CORRECT ANSWER - Body, dwellings, vehicles, containers,
government workplaces, abandon property, mail, curtilage, open fields
Body search REP - CORRECT ANSWER - External does not require 4th, internal does
Dwelling places REP - CORRECT ANSWER - Highly protected REP
Vehicles REP - CORRECT ANSWER - Lower REP, getting inside creates higher REP
