M02: Quiz (Ch. 3 & 4) - AJ 220
The second part of the Fourth Amendment, "...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" is referred to as the: -
ANS-Warrant clause
To define when a search takes place, which two important factors need to be
considered? - ANS-Government action and reasonable expectation of privacy
If the police activity in question does not involve a person, house, paper, or effect: -
ANS-No Fourth Amendment protections exist
True or False: Open fields do not enjoy Fourth Amendment protection, but homes and
curtilage do. - ANS-True
Government action alone is not enough to implicate the Fourth Amendment. The law
enforcement activity must also infringe on a person's: - ANS-Reasonable expectation of
privacy
The first part of the Fourth Amendment, "The right of the people to be secure in the
persons, houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated..." is referred to as the: - ANS-Reasonableness clause
True or False: The Fourth Amendment is limited to conduct that is governmental in
nature. Thus, when a private individual seizes evidence or otherwise conducts a search,
the protections of the Fourth Amendment are not triggered. - ANS-True
True or False: A piece of property is in a person's actual possession if he or she is
physically holding or grasping the property. - ANS-True
True or False: The definition of person for purposes of the Fourth Amendment includes
the person's internal and external physical body but does not include oral
communications made by people. - ANS-False
True or False: Constructive possession refers to possession of property without physical
contact and is not subject to seizure of property laws. - ANS-False
Which type of warrant permits interception of electronic communications? - ANS-Title III
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