Questions and Answers 2026-2027
Updated.
When does the Fourth Amendment not apply? - Answer Abandoned property
Public View
Open Fields
No legitimate expectation of privacy
Private citizens NOT on behalf of the police
What is the Litchfield balancing test? - Answer S- Degree of Suspicion: do we have probable
cause or something less?
I- Degree of Intrusion on the person's ordinary activities
N- Needs of the government to act quickly without taking time to obtain a search warrant
Explain curtilage. - Answer the area intimately connected to the home that has the same level
of Fourth Amendment protection
What is "PENS" in regards to curtilage? - Answer Proximity to home
Enclosed within the same area as the home
Nature (purpose) of use
Substantive steps taken to keep the area private (i.e. a privacy fence)
Specialized Tools requiring probable cause/search warrant: - Answer GPS on a vehicle
Monitoring a GPS or light sensor INSIDE the home
Canine at a house/apartment
Thermal imager/infrared (detecting heat source from inside the house)
Drone over property (statutory requirement)
Electronics: phone, GPS data, computer
Explain the exclusionary rule and the purpose of it - Answer purpose of excluding evidence
(throwing it out) when the police do it wrong is to deter police misconduct
T/F: Canine sniff of a vehicle is considered a search. - Answer FALSE
if it is completed during the traffic stop/no delay of the stop (okay to extend the traffic stop if
there is reasonable suspicion)
, What must roadblocks have? - Answer Lights (warning of some kind), visible, and give enough
time to stop
How can you determine if something is abandoned property? - Answer threw it, don't claim it,
leaving it behind, giving it away
T/F: the odor of marijuana is enough to search the car and everyone in it - Answer YES it is
enough PC to search the car, BUT not the people if there are multiple people.
If there is only one person in the car and you smell marijuana, you can search the single person.
If there are two people in the car and you smell marijuana, you can only search the car. If 2
people: start with separating them, pay attention to their smell, behavior, body language, words
Is a canine alerting positive on a car enough PC to search the person as well? - Answer No. If
canine hits, you can start with only searching the car. If no evidence is found in the car, you need
to let them go.
What parts of the car can you search if a canine alerts positive for drugs? - Answer Anywhere
in the vehicle drugs could possibly be located. You cannot cause damage to the vehicle while
searching.
What is considered a consensual encounter? - Answer When the person has a reasonable
belief they are free to leave
What factors might make someone feel they are not free to leave? - Answer your position,
commands/tone of voice, surrounding them/overwhelming police presence, locked doors,
lights/siren/gun (show of authority)
What is required when doing an inventory of a vehicle? - Answer Department policy and
FOLLOW it, do NOT need probable cause (only warrant exception), if policy is silent, it means
you cannot do it. If it does not specifically say that you CAN, then you CANNOT do it.
When can you serve a warrant in Indiana/what is required? - Answer particularity, execution
with 10 days, any hour of day or night, knock and announce is REQUIRED (loud enough for
anyone inside to reasonably hear it and must wait a reasonable amount of time)
When can you serve a no knock warrant? - Answer Requirement of danger level: reasonable
belief. Do NOT have to have judge approved no knock warrant before you go if you reasonably
believe any of the three D's when you make entry.
Remember- officer safety and danger/destroy/duh