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CITP EXAM 3 (171 questions and answers).
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CITP EXAM 3 (171 questions and answers).
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CITP EXAM 3(171 questions
and 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)
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
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
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
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