UPTP EXAM TEST REVIEWS WITH
CORRECT ANSWERS
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 corroborat...
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
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
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