RBC POST test 1 Search and Seizure Questions and
Answers 100% Correct|Latest 2025 Update Complete
Seizure of property - (answers)occurs when there is some meaningful interference
with an individual's possessory interest in that property by the government.
seizure of a person (detention or arrest) - (answers)occurs when someone
submits to your authority or is physically forced to.
reasonable expectation of privacy - (answers)exists when a person exhibits an
actual expectation of privacy, and the expectation is one that society is prepared
to recognize as reasonable
subjective expectation of privacy - (answers)occurs when a person state of mind is
demonstrated through action designed to protect their privacy IE building a fence
or closing a window.
Objective Reasonableness - (answers)Whether society is prepared to recognize an
individual's expectation of privacy as reasonable
Curtilage - (answers)the area immediately surrounding the home where a
reasonable expectation of privacy exists
open fields - (answers)anything so open to public view that owner has implicit
invited the general public to view the area. 4th amendment does not apply.
, 2
there's no reasonable expectation of privacy
overflight - (answers)no reasonable expectation of privacy exists for aircraft as
long as they are flying over according to FAA regulations and operated in a
physical non intrusive manor
Standing - (answers)the right to challenge a particular search or seizure to make
sure it was done lawfully, the can try but does not mean they will win
tool box locked in friends garage - (answers)friend can give permission to the box
but unlocking he cannot as an expectation of privacy now exists and he does not
have permission to give it.
Probable cause to search - (answers)Enough credible information to provide a fair
probability that the object the peace officers seek will be found at the place they
want to search
must have and be able to articulate specific facts that what they are looking for
will be where they request via warrant to search
like a crime has occurred or is about to
evidence pertaining to a crime exists
the evidence is at the location
exclusionary rule - (answers)improperly gathered evidence may not be introduced
in a criminal trial