FLETC UPTP Exam 2 Study Guide
UPDATED ACTUAL Exam Questions and
CORRECT Answers
What are the 2 types of seizures? - CORRECT ANSWER - persons and property
What is necessary to have for a search warrant? - CORRECT ANSWER - Probable cause
(PC) of a location, crime, and evidence occurring NOW
Fourth amendment event = 3 factors necessary - CORRECT ANSWER - Government
actor (required for seizure)
Search (looking or feeling to gain information)
Seizure (stopping someone or taking something)
Fourth amendment - CORRECT ANSWER - the right of the people to be secure in their
person, houses, papers, and effects from government actors (ex. LEOs) that are not private actors
3 ways private actors (don't receive government funding) can become government actors: -
CORRECT ANSWER - If the government encouraged, initiated, or instigated action
If the government knew of/ acquiesced (accept something reluctantly, but without protest) to
conduct
If the private party intended to assist LEOs at the time of search/seizure
Search - CORRECT ANSWER - a physical intrusion on the body, home, documents, or
personal property
Common areas where Responsible Expectation of Privacy (REP) exists: - CORRECT
ANSWER - Body, vehicle, homes, containers, curtilage/open fields, government
workplaces,
abandoned property, and mail
,Olmstead v. United States - CORRECT ANSWER - SCOTUS determined search was not
unlawful because there was no fourth amendment violation
Needed to be a physical intrusion, not just listening
Katz v. United States - CORRECT ANSWER - overturned Olmstead by stating that
listening in is an intrusion to where a person is expected to have REP
Katz REP search definition - CORRECT ANSWER - most common; government intrusion
into the suspects REP
The subject honestly expects privacy
The expectation is objectively reasonable (factors: use of place; closed to public view; common
practice/societal norms)
United States v. Jones - CORRECT ANSWER - physical trespass and Katz/REP invasion
Physical trespass = (TOUCH) touching the car with a tracker (trespassing into the suspects
persons, house, papers, or effects for the purpose of gathering information)
Katz/REP invasion = (LISTEN/TRACK) monitoring tracking signals
2 most protected areas when it comes to a search: - CORRECT ANSWER - Bodies (no
REP on outward appearance/face, voice, fingerprints, or handwriting but REP on everything
else)
Vehicles (LEO can look all they want in public, but the second they touch something, it becomes
a Jones search
Curtilage v. open fields - CORRECT ANSWER - curtilage is the area just outside the
home (where you sleep) that is protected and any area further out than that is considered an open
field
, Curtilage is subject to change based on the layout you have and what is considered to be used on
a daily basis that entails REP
A mailbox at the end of your driveway is not considered your curtilage, it's part of the open field,
but you have REP in the contents of the envelope
Abandoned property - CORRECT ANSWER - words/deeds show a person's intent to
disavow interest in the item/place
Ex. claiming something is not theirs, tossing or throwing out an item, etc.
It is not considered abandonment if caused by LEO misconduct
Trash is considered abandoned when put out to the curb (no REP and not part of your curtilage)
Apparent authority - CORRECT ANSWER - a person doesn't actually have authority, but
appears to have it under the totality of circumstances for the LEO when consent is given
Ex. Thinking someone is the owner when given consent only to later find out they were not the
owner
Persons seizure - CORRECT ANSWER - TOC that a reasonable person doesn't feel free to
leave, physical force on body with the intent to restrain (even if it doesn't stop them),
OR
submission to a show of authority
Property seizure - CORRECT ANSWER - the government interferes meaningfully
Terry v. Ohio - CORRECT ANSWER - states that reasonable suspicion is enough to seize
someone, but must be able to articulate that criminal activity is going on or about to happen
UPDATED ACTUAL Exam Questions and
CORRECT Answers
What are the 2 types of seizures? - CORRECT ANSWER - persons and property
What is necessary to have for a search warrant? - CORRECT ANSWER - Probable cause
(PC) of a location, crime, and evidence occurring NOW
Fourth amendment event = 3 factors necessary - CORRECT ANSWER - Government
actor (required for seizure)
Search (looking or feeling to gain information)
Seizure (stopping someone or taking something)
Fourth amendment - CORRECT ANSWER - the right of the people to be secure in their
person, houses, papers, and effects from government actors (ex. LEOs) that are not private actors
3 ways private actors (don't receive government funding) can become government actors: -
CORRECT ANSWER - If the government encouraged, initiated, or instigated action
If the government knew of/ acquiesced (accept something reluctantly, but without protest) to
conduct
If the private party intended to assist LEOs at the time of search/seizure
Search - CORRECT ANSWER - a physical intrusion on the body, home, documents, or
personal property
Common areas where Responsible Expectation of Privacy (REP) exists: - CORRECT
ANSWER - Body, vehicle, homes, containers, curtilage/open fields, government
workplaces,
abandoned property, and mail
,Olmstead v. United States - CORRECT ANSWER - SCOTUS determined search was not
unlawful because there was no fourth amendment violation
Needed to be a physical intrusion, not just listening
Katz v. United States - CORRECT ANSWER - overturned Olmstead by stating that
listening in is an intrusion to where a person is expected to have REP
Katz REP search definition - CORRECT ANSWER - most common; government intrusion
into the suspects REP
The subject honestly expects privacy
The expectation is objectively reasonable (factors: use of place; closed to public view; common
practice/societal norms)
United States v. Jones - CORRECT ANSWER - physical trespass and Katz/REP invasion
Physical trespass = (TOUCH) touching the car with a tracker (trespassing into the suspects
persons, house, papers, or effects for the purpose of gathering information)
Katz/REP invasion = (LISTEN/TRACK) monitoring tracking signals
2 most protected areas when it comes to a search: - CORRECT ANSWER - Bodies (no
REP on outward appearance/face, voice, fingerprints, or handwriting but REP on everything
else)
Vehicles (LEO can look all they want in public, but the second they touch something, it becomes
a Jones search
Curtilage v. open fields - CORRECT ANSWER - curtilage is the area just outside the
home (where you sleep) that is protected and any area further out than that is considered an open
field
, Curtilage is subject to change based on the layout you have and what is considered to be used on
a daily basis that entails REP
A mailbox at the end of your driveway is not considered your curtilage, it's part of the open field,
but you have REP in the contents of the envelope
Abandoned property - CORRECT ANSWER - words/deeds show a person's intent to
disavow interest in the item/place
Ex. claiming something is not theirs, tossing or throwing out an item, etc.
It is not considered abandonment if caused by LEO misconduct
Trash is considered abandoned when put out to the curb (no REP and not part of your curtilage)
Apparent authority - CORRECT ANSWER - a person doesn't actually have authority, but
appears to have it under the totality of circumstances for the LEO when consent is given
Ex. Thinking someone is the owner when given consent only to later find out they were not the
owner
Persons seizure - CORRECT ANSWER - TOC that a reasonable person doesn't feel free to
leave, physical force on body with the intent to restrain (even if it doesn't stop them),
OR
submission to a show of authority
Property seizure - CORRECT ANSWER - the government interferes meaningfully
Terry v. Ohio - CORRECT ANSWER - states that reasonable suspicion is enough to seize
someone, but must be able to articulate that criminal activity is going on or about to happen
