1
UPTP Exam 2 With Approved
Questions and Answers | Graded
A+
Tests for relevant probable cause - Correct Answer-Credibility of source, basis of
knowledge, and totality of circumstances
Probable Cause that needs corroboration - Correct Answer-Anonymous sources,
confidential informants
Ways to corroborate PC sources - Correct Answer-1st hand info, previous reliability,
predictable info, statements against interest, degree of detachment
Makes PC reliable - Correct Answer-Timeliness, how long ago was the info obtained?
Helps corroborate PC - Correct Answer-Who, what, when, where, how?
Exclusionary Rule - Correct Answer-Evidence obtained in violation of the 4th
amendment is not admissible in court (Fruit of the poisonous tree)
Exclusionary Rule exceptions - Correct Answer-Standing, Good Faith, Inevitable
discovery, impeachment, and foreign searches
Standing - Correct Answer-Only the defendant with violated 4th rights can benefit,
must be proven with REP
Good faith - Correct Answer-Only applies when an officer reasonably relies on a
mistake made by someone else
Inevitable discovery - Correct Answer-Government proves they would have found the
evidence anyway, no need to suppress it because it would have been found anyway
Impeachment - Correct Answer-When defendants choose to testify, they must testify
truthfully or suffer the consequences
Foreign searches - Correct Answer-4th does not apply to a foreign search as long as it
was not solicited by USA
, 2
How do you obtain an arrest warrant? - Correct Answer-Complaint, information,
indictment
Complaint - Correct Answer-Probable cause from a LEO
Information - Correct Answer-Probable cause from a US attorney
Indictment - Correct Answer-Probable cause from Grand Jury charges
Who does the 4th amendment apply to? - Correct Answer-The government when a
search is conducted
Who is the government in relation to the 4th amendment? - Correct 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? - Correct Answer-Persons, dwellings, papers, and effects
Does the 4th apply to private citizens? - Correct Answer-No
Who is not the government? - Correct 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? - Correct Answer-Private citizen, intends to help the law but
was not instructed to do so by any government agent
What is a government search? - Correct Answer-Government encourages search to a
private actor, reports back to law enforcement
Search - Correct 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 - Correct Answer-Government + intrusion into area of REP = 4th search
Jones Formula - Correct Answer-Government + Trespass into a constitutionally
protected area + purpose of gathering information = 4th search
Reasonable expectation of privacy - Correct Answer-Person demonstrates a desire to
maintain privacy and the privacy is one society is willing to grant
UPTP Exam 2 With Approved
Questions and Answers | Graded
A+
Tests for relevant probable cause - Correct Answer-Credibility of source, basis of
knowledge, and totality of circumstances
Probable Cause that needs corroboration - Correct Answer-Anonymous sources,
confidential informants
Ways to corroborate PC sources - Correct Answer-1st hand info, previous reliability,
predictable info, statements against interest, degree of detachment
Makes PC reliable - Correct Answer-Timeliness, how long ago was the info obtained?
Helps corroborate PC - Correct Answer-Who, what, when, where, how?
Exclusionary Rule - Correct Answer-Evidence obtained in violation of the 4th
amendment is not admissible in court (Fruit of the poisonous tree)
Exclusionary Rule exceptions - Correct Answer-Standing, Good Faith, Inevitable
discovery, impeachment, and foreign searches
Standing - Correct Answer-Only the defendant with violated 4th rights can benefit,
must be proven with REP
Good faith - Correct Answer-Only applies when an officer reasonably relies on a
mistake made by someone else
Inevitable discovery - Correct Answer-Government proves they would have found the
evidence anyway, no need to suppress it because it would have been found anyway
Impeachment - Correct Answer-When defendants choose to testify, they must testify
truthfully or suffer the consequences
Foreign searches - Correct Answer-4th does not apply to a foreign search as long as it
was not solicited by USA
, 2
How do you obtain an arrest warrant? - Correct Answer-Complaint, information,
indictment
Complaint - Correct Answer-Probable cause from a LEO
Information - Correct Answer-Probable cause from a US attorney
Indictment - Correct Answer-Probable cause from Grand Jury charges
Who does the 4th amendment apply to? - Correct Answer-The government when a
search is conducted
Who is the government in relation to the 4th amendment? - Correct 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? - Correct Answer-Persons, dwellings, papers, and effects
Does the 4th apply to private citizens? - Correct Answer-No
Who is not the government? - Correct 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? - Correct Answer-Private citizen, intends to help the law but
was not instructed to do so by any government agent
What is a government search? - Correct Answer-Government encourages search to a
private actor, reports back to law enforcement
Search - Correct 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 - Correct Answer-Government + intrusion into area of REP = 4th search
Jones Formula - Correct Answer-Government + Trespass into a constitutionally
protected area + purpose of gathering information = 4th search
Reasonable expectation of privacy - Correct Answer-Person demonstrates a desire to
maintain privacy and the privacy is one society is willing to grant
