1
CITP EXAM 3 Questions and Correct
Answers
Recognize when the fourth amendment applies to
government actions Answer: 1. Whether the
government knows or acquiesce in the private actor's
conduct
2. whether the private party intents to assist law
enforcement officers at the time of the search
3. whether the government affirmatively encourages,
initiates, or participates in the private action
Identify situations when a reasonable expectation of
privacy exists Answer: >The individual must have
exhibited an actual expectation of privacy
>The expectation must be one the society (as
determined by the Supreme Court) is prepared to
recognize as reasonable
Common search areas without REP Answer: the body
(except inside the body)
Pretest - Stuvia US
,2
passengers do not have REP but their stuff does
Open Fields even if there are 'no trespassing signs'
Government workplaces - REP could exist depending on
prior notice (computer banners of limited or no REP),
common practices, openness and accessibility of the
area, whether the position of the employee requires
special trust and confidence, whether the employee
waived REP through bargaining process
>Abandoned Property
Methods and Devices for searches Answer: >Canine
Sniffs - luggage in a public space has no REP
>Sensory Enhancements - use of lights at night does
not create a 'search' if otherwise visible in daylight;
thermal imaging would be considered a search
>Aircraft Overflights - what is visible to the naked eye
does not have REP
>Cell Site Location Information - conversations do not
have REP when using naked ears
Pretest - Stuvia US
,3
Identify actions that may be taken when reasonable
suspicion exists Answer: 1. a consensual encounter
2. Investigative detention
3. Terry Frisk
a consensual encounter Answer: a hunch or mere
suspicion (not a seizure)
brief voluntary encounter between a law enforcement
officer and an individual
an officer may ask questions even incriminating ones
the officer may request (not demand) to see ID
the officer may ID him/herself and display credentials
the officer may seek consent for a search or frisk
investigative detentions Answer: Reasonable
suspicion criminal activity is afoot
Pretest - Stuvia US
, 4
1. reasonable suspicion - could be collective knowledge
from other LEOs; personal observations; quality or
quantity of a tip
2. criminal activity is afoot - crime is about to be/has
been/is being committed
whats a terry frisk Answer: RSPAAD
detention
the officer must reasonably suspect that the person is
presently armed and dangerous
plain touch doctrine to seize evidence - discovery must
be lawful; item must be immediately apparent to the
officer without manipulation
frisks of vehicles can be unlocked containers/entire
passenger compartment cannot frisk the trunk
arrest can happen if Answer: PC exists
radicalization Answer: process by which individuals
come to believe that their engagement in or facilitation
Pretest - Stuvia US
CITP EXAM 3 Questions and Correct
Answers
Recognize when the fourth amendment applies to
government actions Answer: 1. Whether the
government knows or acquiesce in the private actor's
conduct
2. whether the private party intents to assist law
enforcement officers at the time of the search
3. whether the government affirmatively encourages,
initiates, or participates in the private action
Identify situations when a reasonable expectation of
privacy exists Answer: >The individual must have
exhibited an actual expectation of privacy
>The expectation must be one the society (as
determined by the Supreme Court) is prepared to
recognize as reasonable
Common search areas without REP Answer: the body
(except inside the body)
Pretest - Stuvia US
,2
passengers do not have REP but their stuff does
Open Fields even if there are 'no trespassing signs'
Government workplaces - REP could exist depending on
prior notice (computer banners of limited or no REP),
common practices, openness and accessibility of the
area, whether the position of the employee requires
special trust and confidence, whether the employee
waived REP through bargaining process
>Abandoned Property
Methods and Devices for searches Answer: >Canine
Sniffs - luggage in a public space has no REP
>Sensory Enhancements - use of lights at night does
not create a 'search' if otherwise visible in daylight;
thermal imaging would be considered a search
>Aircraft Overflights - what is visible to the naked eye
does not have REP
>Cell Site Location Information - conversations do not
have REP when using naked ears
Pretest - Stuvia US
,3
Identify actions that may be taken when reasonable
suspicion exists Answer: 1. a consensual encounter
2. Investigative detention
3. Terry Frisk
a consensual encounter Answer: a hunch or mere
suspicion (not a seizure)
brief voluntary encounter between a law enforcement
officer and an individual
an officer may ask questions even incriminating ones
the officer may request (not demand) to see ID
the officer may ID him/herself and display credentials
the officer may seek consent for a search or frisk
investigative detentions Answer: Reasonable
suspicion criminal activity is afoot
Pretest - Stuvia US
, 4
1. reasonable suspicion - could be collective knowledge
from other LEOs; personal observations; quality or
quantity of a tip
2. criminal activity is afoot - crime is about to be/has
been/is being committed
whats a terry frisk Answer: RSPAAD
detention
the officer must reasonably suspect that the person is
presently armed and dangerous
plain touch doctrine to seize evidence - discovery must
be lawful; item must be immediately apparent to the
officer without manipulation
frisks of vehicles can be unlocked containers/entire
passenger compartment cannot frisk the trunk
arrest can happen if Answer: PC exists
radicalization Answer: process by which individuals
come to believe that their engagement in or facilitation
Pretest - Stuvia US
