CJ 305 EXAM #2 QUESTIONS WITH
CORRECT ANSWERS
NO, then the Fourth Amendment is not triggerednon-search activity - ANSWER-a.
Private party searches.
b. Abandoned property.
c. Things done in open view or open to the public (free zone).
If YES, - ANSWER-Fourth Amendment is triggered.
1. Full search.-Search Authority is a search warrant - ANSWER-1. Must have
probable cause to believe item you wish to seize is in location you wish to search.
2. Must describe in detail place to search.
3. Must describe in detail the items to be seized.
4. Must be properly executed (knock and announce)
A. Search Authority is an exception to the warrant requirement. - ANSWER-1.
Consent
2. Search Incident to Arrest.
3. Automobile Exception.
4. Plain View
1. Exigent Circumstances - ANSWER-a. Risk to police officers or third parties. This
includes serious crime currently in commission.
b. Hot pursuit.
c. Risk of destruction of evidence. Can only secure place to search until you get a
warrant.
Search Boundaries: - ANSWER-1. Scope and Intensity of search define search
boundaries. Scope and Intensity may never be greater than necessary to locate
object for which you have search authority. With warrants, the warrant will establish
the scope and intensity. Facts and circumstances will determine scope and intensity
of searches without a warrant.
What may be seized - ANSWER-1. Fruits of the crime.
2. Instrumentalities of the crime.
3. Contraband.
4. Mere evidence.
Not a full search; - ANSWER-Reasonable suspicion. Police are allowed to perform
brief, limited seizure for investigation when they have reasonable suspicion property
is connected to criminal activity (Search authority is reasonable suspicion, Scope
and Intensity limits seizure to brief time to confirm or deny suspicion).
CORRECT ANSWERS
NO, then the Fourth Amendment is not triggerednon-search activity - ANSWER-a.
Private party searches.
b. Abandoned property.
c. Things done in open view or open to the public (free zone).
If YES, - ANSWER-Fourth Amendment is triggered.
1. Full search.-Search Authority is a search warrant - ANSWER-1. Must have
probable cause to believe item you wish to seize is in location you wish to search.
2. Must describe in detail place to search.
3. Must describe in detail the items to be seized.
4. Must be properly executed (knock and announce)
A. Search Authority is an exception to the warrant requirement. - ANSWER-1.
Consent
2. Search Incident to Arrest.
3. Automobile Exception.
4. Plain View
1. Exigent Circumstances - ANSWER-a. Risk to police officers or third parties. This
includes serious crime currently in commission.
b. Hot pursuit.
c. Risk of destruction of evidence. Can only secure place to search until you get a
warrant.
Search Boundaries: - ANSWER-1. Scope and Intensity of search define search
boundaries. Scope and Intensity may never be greater than necessary to locate
object for which you have search authority. With warrants, the warrant will establish
the scope and intensity. Facts and circumstances will determine scope and intensity
of searches without a warrant.
What may be seized - ANSWER-1. Fruits of the crime.
2. Instrumentalities of the crime.
3. Contraband.
4. Mere evidence.
Not a full search; - ANSWER-Reasonable suspicion. Police are allowed to perform
brief, limited seizure for investigation when they have reasonable suspicion property
is connected to criminal activity (Search authority is reasonable suspicion, Scope
and Intensity limits seizure to brief time to confirm or deny suspicion).
