MPTC CONSTITUTIONAL LAW 2026 STUDY GUIDE
QUESTIONS AND ANSWERS GRADED A+
✔✔Search Warrant Standards - ✔✔A. property stolen, embezzled, obtained by false
pretense, or otherwise taken in commission crime
B. property intended or used to commit a crime
C. property that is unlawful to possess or controlled for unlawful purpose
D. dead body
E. body of living person named in outstanding warrant
✔✔Search without a warrant - ✔✔1. Plain view
2. Stop and frisk
3. Emergencies
4. Automobiles (Carrol)
5. Lawful arrest
6. Consent
7. No expectation of privacy
✔✔Terry Stop/ Threshold Inquiry/ Investigative Stop definition - ✔✔Short warrantless
seizures used to determine if PC exists, specifically if a crime has; or will be committed
✔✔Terry Stop/ Threshold Inquiry/ Instigative Stop 2 step inquiry - ✔✔1st whether the
initiation of the investigation by police was permissible under the circumstances
2nd whether the scope of the search was justified under the circumstances. Comm v
helme
✔✔Search incident to arrest - ✔✔A warrantless search of a person and the area around
that person, conducted shortly after the person is arrested.
✔✔Consent Search - ✔✔A warrantless where a person allows officers to search places
where the consenting person has REP. Person must have authority to consent. Clearly
communicated.
✔✔Plain View - ✔✔allows police to seize evidence of a crime w/o a warrant when ofc
are, lawfully present in a place and clearly see items that are contraband or evidence of
a crime out in the open
✔✔Curtilage - ✔✔Immediate area surrounding a dwelling that generally includes
driveways, gardens, decks, swimming pools, garages and storage sheds. individuals
have a reasonable expectation of privacy in their home curtilage
us v. dunn
✔✔Exigent Circumstances - ✔✔allow police to make entry and conduct searches w/o a
warrant where reasonable expectation of privacy exists. it exists when there is both PC
and:
QUESTIONS AND ANSWERS GRADED A+
✔✔Search Warrant Standards - ✔✔A. property stolen, embezzled, obtained by false
pretense, or otherwise taken in commission crime
B. property intended or used to commit a crime
C. property that is unlawful to possess or controlled for unlawful purpose
D. dead body
E. body of living person named in outstanding warrant
✔✔Search without a warrant - ✔✔1. Plain view
2. Stop and frisk
3. Emergencies
4. Automobiles (Carrol)
5. Lawful arrest
6. Consent
7. No expectation of privacy
✔✔Terry Stop/ Threshold Inquiry/ Investigative Stop definition - ✔✔Short warrantless
seizures used to determine if PC exists, specifically if a crime has; or will be committed
✔✔Terry Stop/ Threshold Inquiry/ Instigative Stop 2 step inquiry - ✔✔1st whether the
initiation of the investigation by police was permissible under the circumstances
2nd whether the scope of the search was justified under the circumstances. Comm v
helme
✔✔Search incident to arrest - ✔✔A warrantless search of a person and the area around
that person, conducted shortly after the person is arrested.
✔✔Consent Search - ✔✔A warrantless where a person allows officers to search places
where the consenting person has REP. Person must have authority to consent. Clearly
communicated.
✔✔Plain View - ✔✔allows police to seize evidence of a crime w/o a warrant when ofc
are, lawfully present in a place and clearly see items that are contraband or evidence of
a crime out in the open
✔✔Curtilage - ✔✔Immediate area surrounding a dwelling that generally includes
driveways, gardens, decks, swimming pools, garages and storage sheds. individuals
have a reasonable expectation of privacy in their home curtilage
us v. dunn
✔✔Exigent Circumstances - ✔✔allow police to make entry and conduct searches w/o a
warrant where reasonable expectation of privacy exists. it exists when there is both PC
and:
