CITP exam 3 : 4th Amendment questions and answers with solutions 2025

Who does the 4th Amendment apply to? - ANSWER Government officials (NOT private security guards or mall cops) - it does not apply to private action (ex. if a man finds drugs in a neighbor's house and calls the police, police can use this evidence to establish PC and get a warrant. They are allows to go "as far" as the private actor did.) What are some issues when working with CI's - ANSWER Courts will look at if it was a private or government search. 1. government's knowledge 2. The party's intent to assist government 3. Was it encouraged by the government -A gov. employee can not specifically ask or encourage someone to complete a search for them. US vs. Katz (1967) - ANSWER Government wiretapping and eavesdropping of innocent citizens is an illegal search and seizure under the 4th Amendment. (Phone Booth, shutting door). Katz two prong test: 1. The individual must have exhibited an actual expectation of privacy 2. That expectation must be one that society is prepared to recognize as reasonable. A reasonable person. What is a search? - ANSWER it is an intrusion of one's REP - if you are lawfully present then observations that you make are permitted. (right to be = right to see) -UC and CI's can user evidence found while undercover because there was consent for them to be there. REP of the Body - ANSWER External: (hair, voice, prints), allowed after an arrest, hair can be considered trace evidence and that is ok