UPTP Exam 2 / Comprehensive Practice Questions /
Study Guide Exam / Newest Actual Questions &
Answers (A+ Guide Solution)
Tests for relevant probable cause - (ANSWER)Credibility of source, basis of
knowledge, and totality of circumstances
Probable Cause that needs corroboration - (ANSWER)Anonymous sources,
confidential informants
Ways to corroborate PC sources - (ANSWER)1st hand info, previous reliability,
predictable info, statements against interest, degree of detachment
Makes PC reliable - (ANSWER)Timeliness, how long ago was the info obtained?
Helps corroborate PC - (ANSWER)Who, what, when, where, how?
Exclusionary Rule - (ANSWER)Evidence obtained in violation of the 4th
amendment is not admissible in court (Fruit of the poisonous tree)
Exclusionary Rule exceptions - (ANSWER)Standing, Good Faith, Inevitable
discovery, impeachment, and foreign searches
Standing - (ANSWER)Only the defendant with violated 4th rights can benefit,
must be proven with REP
,Good faith - (ANSWER)Only applies when an officer reasonably relies on a
mistake made by someone else
Inevitable discovery - (ANSWER)Government proves they would have found the
evidence anyway, no need to suppress it because it would have been found
anyway
Impeachment - (ANSWER)When defendants choose to testify, they must testify
truthfully or suffer the consequences
Foreign searches - (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? - (ANSWER)Complaint, information,
indictment
Complaint - (ANSWER)Probable cause from a LEO
Information - (ANSWER)Probable cause from a US attorney
Indictment - (ANSWER)Probable cause from Grand Jury charges
, Who does the 4th amendment apply to? - (ANSWER)The government when a
search is conducted
Who is the government in relation to the 4th amendment? - (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? - (ANSWER)Persons, dwellings, papers, and effects
Does the 4th apply to private citizens? - (ANSWER)No
Who is not the government? - (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? - (ANSWER)Private citizen, intends to help the law but
was not instructed to do so by any government agent
What is a government search? - (ANSWER)Government encourages search to a
private actor, reports back to law enforcement
Search - (ANSWER)A government intrusion upon an individuals REP.
Governmental trespass or physical intrusion upon a constitutionally protected
area with intent to gather information
Study Guide Exam / Newest Actual Questions &
Answers (A+ Guide Solution)
Tests for relevant probable cause - (ANSWER)Credibility of source, basis of
knowledge, and totality of circumstances
Probable Cause that needs corroboration - (ANSWER)Anonymous sources,
confidential informants
Ways to corroborate PC sources - (ANSWER)1st hand info, previous reliability,
predictable info, statements against interest, degree of detachment
Makes PC reliable - (ANSWER)Timeliness, how long ago was the info obtained?
Helps corroborate PC - (ANSWER)Who, what, when, where, how?
Exclusionary Rule - (ANSWER)Evidence obtained in violation of the 4th
amendment is not admissible in court (Fruit of the poisonous tree)
Exclusionary Rule exceptions - (ANSWER)Standing, Good Faith, Inevitable
discovery, impeachment, and foreign searches
Standing - (ANSWER)Only the defendant with violated 4th rights can benefit,
must be proven with REP
,Good faith - (ANSWER)Only applies when an officer reasonably relies on a
mistake made by someone else
Inevitable discovery - (ANSWER)Government proves they would have found the
evidence anyway, no need to suppress it because it would have been found
anyway
Impeachment - (ANSWER)When defendants choose to testify, they must testify
truthfully or suffer the consequences
Foreign searches - (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? - (ANSWER)Complaint, information,
indictment
Complaint - (ANSWER)Probable cause from a LEO
Information - (ANSWER)Probable cause from a US attorney
Indictment - (ANSWER)Probable cause from Grand Jury charges
, Who does the 4th amendment apply to? - (ANSWER)The government when a
search is conducted
Who is the government in relation to the 4th amendment? - (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? - (ANSWER)Persons, dwellings, papers, and effects
Does the 4th apply to private citizens? - (ANSWER)No
Who is not the government? - (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? - (ANSWER)Private citizen, intends to help the law but
was not instructed to do so by any government agent
What is a government search? - (ANSWER)Government encourages search to a
private actor, reports back to law enforcement
Search - (ANSWER)A government intrusion upon an individuals REP.
Governmental trespass or physical intrusion upon a constitutionally protected
area with intent to gather information
