UPTP Exam 2 Comprehensive
Questions (Frequently Tested)
and Verified Answers Graded
A+
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
Questions (Frequently Tested)
and Verified Answers Graded
A+
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
