UPTP Exam 2 Questions and Answers
Tests for relevant probable cause - Answer-Credibility of source, basis of knowledge, and totality of
circumstances
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
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
Tests for relevant probable cause - Answer-Credibility of source, basis of knowledge, and totality of
circumstances
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
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
