UPTP EXAM 4 ACTUAL TEST QUESTIONS AND
SOLVED ANSWERS
◉ 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
, ◉ Katz formula.
Answer: Government + intrusion into area of REP = 4th search
◉ Jones Formula.
Answer: Government + Trespass into a constitutionally protected
area + purpose of gathering information = 4th search
◉ Reasonable expectation of privacy.
Answer: Person demonstrates a desire to maintain privacy and the
privacy is one society is willing to grant
◉ REP search areas.
Answer: Body, dwellings, vehicles, containers, government
workplaces, abandon property, mail, curtilage, open fields
◉ Body search REP.
Answer: External does not require 4th, internal does
◉ Dwelling places REP.
Answer: Highly protected REP
◉ Vehicles REP.
SOLVED ANSWERS
◉ 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
, ◉ Katz formula.
Answer: Government + intrusion into area of REP = 4th search
◉ Jones Formula.
Answer: Government + Trespass into a constitutionally protected
area + purpose of gathering information = 4th search
◉ Reasonable expectation of privacy.
Answer: Person demonstrates a desire to maintain privacy and the
privacy is one society is willing to grant
◉ REP search areas.
Answer: Body, dwellings, vehicles, containers, government
workplaces, abandon property, mail, curtilage, open fields
◉ Body search REP.
Answer: External does not require 4th, internal does
◉ Dwelling places REP.
Answer: Highly protected REP
◉ Vehicles REP.
