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CITP exam 3 questions and answers with solutions 2025

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Recognize when the fourth amendment applies to government actions - ANSWER 1. Whether the government knows or acquiesce in the private actor's conduct 2. whether the private party intents to assist law enforcement officers at the time of the search 3. whether the government affirmatively encourages, initiates, or participates in the private action Identify situations when a reasonable expectation of privacy exists - ANSWER >The individual must have exhibited an actual expectation of privacy >The expectation must be one the society (as determined by the Supreme Court) is prepared to recognize as reasonable Common search areas without REP - ANSWER the body (except inside the body) passengers do not have REP but their stuff does Open Fields even if there are 'no trespassing signs' Government workplaces - REP could exist depending on prior notice (computer banners of limited or no REP), common practices, openness and accessibility of the area, whether the position of the employee requires special trust and confidence, whether the employee waived REP through bargaining process >Abandoned Property Methods and Devices for searches - ANSWER >Canine Sniffs - luggage in a public space has no REP >Sensory Enhancements - use of lights at night does not create a 'search' if otherwise visible in daylight; thermal imaging would be considered a search >Aircraft Overflights - what is visible to the naked eye does not have REP >Cell Site Location Information - conversations do not have REP when using naked ears Identify actions that may be taken when reasonable suspicion exists - ANSWER 1. a consensual encounter 2. Investigative detention 3. Terry Frisk a consensual encounter - ANSWER a hunch or mere suspicion (not a seizure) brief voluntary encounter between a law enforcement officer and an individual an officer may ask questions even incriminating ones the officer may request (not demand) to see ID the officer may ID him/herself and display credentials the officer may seek consent for a search or frisk investigative detentions - ANSWER Reasonable suspicion criminal activity is afoot 1. reasonable suspicion - could be collective knowledge from other LEOs; personal observations; quality or quantity of a tip 2. criminal activity is afoot - crime is about to be/has been/is being committed

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December 13, 2024
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