AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS)
ALREADY GRADED A+
In Brown v. Mississippi, the Court ruled against the State because the
State had violated the defendants' rights to due process. Which of the
following rationale comes closest to the Supreme Court's reasoning and
the impact of the ruling? Ans✓✓✓In Brown, the Supreme Court held
that because the confession was obtained through the use of torture, the
State's use of the confession at trial violated the defendants' right to due
process.
Which one of the following is not a 4th Amendment Protection?
Ans✓✓✓Right to counsel in your defense
The Fourth Amendment states that: "The right of the people to be secure
in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or
things to be seized."
According to the holding in United States v. Verdugo Urquidez, which
of the following fact patterns would be covered by the Fourth
Amendment's conception of "we the people." Ans✓✓✓A noncitizen
who owns and operates a retail business in the United States in a case
where the police search the business.
A key restriction on the 4th Amendment is that it only protects
individuals from unreasonable state action. Thus if a bouncer at a bar
searches your coat pockets, the 4rth Amendment would not apply. This
,week we studied two cases that create a four factor test for determining
whether a particular investigative act qualifies as "state action" thus
triggering the protection of the Fourth Amendment.
Which of the following options is not part of that test?
Ans✓✓✓Whether the agent who searched the property was dressed in
an official uniform or was working undercover.
According to Katz v. United States, a search has occurred whenever the
individual whose property was searched possessed a reasonable
expectation of privacy. Whether that expectation was in fact reasonable
typically boils down to two factors: whether the suspect exposed or
concealed information, and whether the setting in which the information
is discovered is public or private. Which of the following situations is
most likely to be protected by the Fourth Amendment's prohibition of
unreasonable searches and seizures? Ans✓✓✓Sam had a chronic pain
problem that limited his ability to go out to dance, watch a movie, or
even to go bowling. To control his pain, he uses a medicine subscribed
by his Dr. Unfortunately, he must purchase this medication from
overseas because of its cost as well as the fact that it is not currently
legal to purchase it in the U.S. This information comes to the attention to
the police who ransack his house without a warrant. Because he has
young children in the house, Sam stores his medication in a safe built
into the wall of his home. When the officers see the safe, they ask Sam
to open it. He refuses. So they use a plastic explosive material to blow
the lock on the safe open. When they find the drugs, they arrest Same
and charge him with possession of a controlled substance.
Sam has two facts in his favor to show that his expectation of privacy
was reasonable. First he stored his medication in his home and the police
searched the home without a warrant. The home is deserving of our
, highest expectation of privacy. The drugs were also not in "plain view."
In fact the police used an explosive to open the safe.
A loss prevention officer named Margo is employed at the downtown
mall. She has had aspirations to become a law enforcement officer for
some time. Though she has filed five applications with local law
enforcement agencies, no agency has contacted her. After reading an
article on "team policing," she wonders whether one way to get onto the
force is to try to "team" up with local law enforcement officers.
To spur "team up" opportunities, during her break at work she listens to
the police radio to see if there are officers on patrol near the mall where
she works. When the police are nearby, she intensifies her loss
prevention efforts. After detaining a suspect, she is quick to call the
police to report that she has a suspect "in custody." She does this several
times and after each detention, the local police are kind enough to
compliment her on her crime fighting activities.
One day, Margo nabs Sammy the Shoplifter leav Ans✓✓✓No because
the law enforcement agency had never promised Margo any
"consideration" for work detaining shoplifters.
Which of the following factors is NOT considered by the Supreme Court
in determining whether an expectation of privacy is one that the Court is
willing to recognize as reasonable? Ans✓✓✓Whether the person who
conducted the search was an agent of the State.
In Florida v. Jardines, which of the following facts was the most critical
to the SC finding that the state's behavior constituted a search?
Ans✓✓✓The government physically occupied private property.