FLETC UPTP Exam 2 - Questions With Clear Solutions
What are the 2 types of seizures? Right Ans - persons and property
What is necessary to have for a search warrant? Right Ans - Probable cause
(PC) of a location, crime, and evidence occurring NOW
Fourth amendment event = 3 factors necessary Right Ans - Government
actor (required for seizure)
Search (looking or feeling to gain information)
Seizure (stopping someone or taking something)
Fourth amendment Right Ans - the right of the people to be secure in their
person, houses, papers, and effects from government actors (ex. LEOs) that
are not private actors
3 ways private actors (don't receive government funding) can become
government actors: Right Ans - If the government encouraged, initiated, or
instigated action
If the government knew of/ acquiesced (accept something reluctantly, but
without protest) to conduct
If the private party intended to assist LEOs at the time of search/seizure
Search Right Ans - a physical intrusion on the body, home, documents, or
personal property
Common areas where Responsible Expectation of Privacy (REP) exists:
Right Ans - Body, vehicle, homes, containers, curtilage/open fields,
government workplaces,
abandoned property, and mail
Olmstead v. United States Right Ans - SCOTUS determined search was not
unlawful because there was no fourth amendment violation
Needed to be a physical intrusion, not just listening
Katz v. United States Right Ans - overturned Olmstead by stating that
listening in is an intrusion to where a person is expected to have REP
, Katz REP search definition Right Ans - most common; government
intrusion into the suspects REP
The subject honestly expects privacy
The expectation is objectively reasonable (factors: use of place; closed to
public view; common practice/societal norms)
United States v. Jones Right Ans - physical trespass and Katz/REP invasion
Physical trespass = (TOUCH) touching the car with a tracker (trespassing into
the suspects persons, house, papers, or effects for the purpose of gathering
information)
Katz/REP invasion = (LISTEN/TRACK) monitoring tracking signals
2 most protected areas when it comes to a search: Right Ans - Bodies (no
REP on outward appearance/face, voice, fingerprints, or handwriting but REP
on everything else)
Vehicles (LEO can look all they want in public, but the second they touch
something, it becomes a Jones search
Curtilage v. open fields Right Ans - curtilage is the area just outside the
home (where you sleep) that is protected and any area further out than that is
considered an open field
Curtilage is subject to change based on the layout you have and what is
considered to be used on a daily basis that entails REP
A mailbox at the end of your driveway is not considered your curtilage, it's
part of the open field, but you have REP in the contents of the envelope
Abandoned property Right Ans - words/deeds show a person's intent to
disavow interest in the item/place
Ex. claiming something is not theirs, tossing or throwing out an item, etc.
It is not considered abandonment if caused by LEO misconduct
Trash is considered abandoned when put out to the curb (no REP and not part
of your curtilage)
Apparent authority Right Ans - a person doesn't actually have authority,
but appears to have it under the totality of circumstances for the LEO when
consent is given
What are the 2 types of seizures? Right Ans - persons and property
What is necessary to have for a search warrant? Right Ans - Probable cause
(PC) of a location, crime, and evidence occurring NOW
Fourth amendment event = 3 factors necessary Right Ans - Government
actor (required for seizure)
Search (looking or feeling to gain information)
Seizure (stopping someone or taking something)
Fourth amendment Right Ans - the right of the people to be secure in their
person, houses, papers, and effects from government actors (ex. LEOs) that
are not private actors
3 ways private actors (don't receive government funding) can become
government actors: Right Ans - If the government encouraged, initiated, or
instigated action
If the government knew of/ acquiesced (accept something reluctantly, but
without protest) to conduct
If the private party intended to assist LEOs at the time of search/seizure
Search Right Ans - a physical intrusion on the body, home, documents, or
personal property
Common areas where Responsible Expectation of Privacy (REP) exists:
Right Ans - Body, vehicle, homes, containers, curtilage/open fields,
government workplaces,
abandoned property, and mail
Olmstead v. United States Right Ans - SCOTUS determined search was not
unlawful because there was no fourth amendment violation
Needed to be a physical intrusion, not just listening
Katz v. United States Right Ans - overturned Olmstead by stating that
listening in is an intrusion to where a person is expected to have REP
, Katz REP search definition Right Ans - most common; government
intrusion into the suspects REP
The subject honestly expects privacy
The expectation is objectively reasonable (factors: use of place; closed to
public view; common practice/societal norms)
United States v. Jones Right Ans - physical trespass and Katz/REP invasion
Physical trespass = (TOUCH) touching the car with a tracker (trespassing into
the suspects persons, house, papers, or effects for the purpose of gathering
information)
Katz/REP invasion = (LISTEN/TRACK) monitoring tracking signals
2 most protected areas when it comes to a search: Right Ans - Bodies (no
REP on outward appearance/face, voice, fingerprints, or handwriting but REP
on everything else)
Vehicles (LEO can look all they want in public, but the second they touch
something, it becomes a Jones search
Curtilage v. open fields Right Ans - curtilage is the area just outside the
home (where you sleep) that is protected and any area further out than that is
considered an open field
Curtilage is subject to change based on the layout you have and what is
considered to be used on a daily basis that entails REP
A mailbox at the end of your driveway is not considered your curtilage, it's
part of the open field, but you have REP in the contents of the envelope
Abandoned property Right Ans - words/deeds show a person's intent to
disavow interest in the item/place
Ex. claiming something is not theirs, tossing or throwing out an item, etc.
It is not considered abandonment if caused by LEO misconduct
Trash is considered abandoned when put out to the curb (no REP and not part
of your curtilage)
Apparent authority Right Ans - a person doesn't actually have authority,
but appears to have it under the totality of circumstances for the LEO when
consent is given
