UPTP EXAM PREPARATION TEST BANK
WITH CORRECT ANSWERS
●● 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
●● Katz formula
Answer: Government + intrusion into area of REP = 4th search
WITH CORRECT ANSWERS
●● 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
●● Katz formula
Answer: Government + intrusion into area of REP = 4th search
