CITP Exam 4-Fourth Amendment test questions and answers.docx, Exams of Biology

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CITP Exam 4-Fourth Amendment test questions and answers What is Knock & Announce? - answer Executing warrants in dwellings, Supreme Court Ruling to be apart of 4th amendment reasonableness requirement, must announce authority & purpose What are the steps in knock and announce? - answer Knock (give notice), Announce your identity , announce your authority of purpose, demand entry What is the purpose of the knock & announce? - answer Reduce potential violence to both the officers/occupants of the house, prevent/reduce needless destruction of private property, recognize individuals right of privacy in his/her home What can you go in, break open, and make entry? - answer After a reasonable amount of time Is force the only manner in which the government can violate knock & announce? - answer No, its prohibits an unannounced intrusion into a dwelling What does break open include? - answer Breaking down a door, forcing open chain lock on partially open door, opening a locked door by use of a pass key, opening a closed by unlocked door Does knocking only include knocking on the door? - answer No, you can use phone call, bullhorn, police loudspeaker, public address system When can you make entry after silence occurs? - answer After waiting a reasonable amount of time Who can request a search warrant? - answer Federal Law Enforcement Officer, Attorney for the government Officers are required to obtain the __________ of the United States attorneys office before applying for a search warrant - answer Concurrence For a search warrant what is federal law enforcement officer defined as? - answer Government agent (not an attorney) who is engaged in enforcing the criminal laws/within any category of officers authorized by the attorney general to request a search warrant Who usually issues a search warrant? - answer Magistrate Judge Who else can issue a search warrant? - answer District Court, Circuit Court, Supreme Court, State Court WHO KEEPS RECORDS (LAST RESORT) What is the essential feature of of a court of record? - answer Must make and keep permanent record of the courts proceedings To issue a search warrant the judge has to be _________ & _____________ - answer Neutral & Detached If the judge is neutral & detached the judge can issue a warrant to search a ? - answer Person or property located within a district in which the judge is otherwise empowered to act When can a judge issue a warrant outside their district? - answer Person or property is located within the district when the warrant is issued but might move or be moved outside the district before the warrant is executed When can a judge issue a search warrant anywhere in the country? - answer Terrorism, domestic, international What is stored wire/electronic communications? - answer Emails/attachments, communication What is data? - answer Photos, seizure of ordinary data requires a warrant in every district in which that data may be located Who and when can issue a search warrant of a tracking device? - answer Magistrate judge with authority in the district has authority to issue a warrant to install within the district a tracking device to track movement of person/property in or outside of district When is a judge "neutral & detached?" - answer No personal stake in the outcome of the investigation What does the Warrant Clause prohibits the issuance of any warrant except one? - answer Particularly describing the place to be searched and the persons/things to be seized When describing a home in a search warrant, what should the officer include? (Particularity & Residences) - answer Nature of dwelling (APT, home, mobile home), COMPLETE address, appearance of home, roof style, color, chimneys, description of curtilage When describing a person in search warrant, the officer should state the persons ? (Particularity & Persons) - answer Age, Sex, Race, Eye Color, Hair Color, Weight, Height, Tattoos/Scars In regards to particularity-persons to be searched/seized, what are the three distinct rationales underlying this particularity requirement? - answer 1) limits the discretion of officers executing the warrant, informs the subject of the search what items the officers are entitled to take, defines the legally permissible scope of the search, since officers may only search in locations that could conceal the persons/things to be seized What are examples of when courts require a very specific description of something to be seized? - answer Warrant seeks books or other items that may implicate 1st amendment rights, such as free speech, jewelry In a search warrant, when do officers have much more latitude when describing something to be seized? - answer Contraband, such as drugs, generic descriptions are accepted, child pongrpy What are the types of items that can be seized in a search warrant? - answer Evidence of a crime, contraband, fruits of crime, other items illegally possessed, property intended to be used for committing a crime, person to be arrested or a person who is unlawfully restrained When executing a search warrant, the general rule is that officers may only? - answer Seize only those items that are particularly described in the warrant In regards to contraband in a search warrant, an officer must be ? - answer Specific, what type of contraband Example of Plain View Doctrine would be? - answer Officer has warrant looking for 27" television set, sees contraband (controlled substance) on floor, immediately recognize it as such, may seize this contraband A warrantless seizure is? - answer Seizing under plain view doctrine Items officers seize under the plain view doctrine while executing a warrant are not seized pursuant to the warrant, therefore they ? - answer should be listed on a separate inventory Officers may not _____________________ of a search based on items they find in plain view that are not included in the warrant - answer Broaden scope of search warrant, if officers are looking for TV sets & find controlled A search warrant relating to _________________ may be served at any time of the day or night if the judge/USMJ issuing the warrant is satisfied that there is PC to believe that grounds exist for the warrant and for its service at such time - answer Offenses involving controlled substance When does a search warrant have to be served? - answer Within a specified time or if there is no specified time within a period "no longer than 14 days" from the date of issuance So long as officers execute the warrant within the required time, they can do so even if the suspect/other occupants _______________ - answer Are not present Tracking warrants that authorize installation of a tracking device ______________ - answer Must command the officer to complete any installation authorized by the warrant within a specified time no longer than ****10******CALENDAR days from the date the judge issues the warrant When does a tracking device have to be installed? - answer During the daytime, unless the judge for good cause expressly authorizes installation at another time What do courts look at in regards to Use of Force during a search warrant? - answer Totality of the circumstances, Graham Factors, severity of the crime, immediate threat, resisting, flight, # of individuals officers confronted, physical force leading to injury, elderly/child, suffering from mental illness The best practice as to when you should give a copy of a search warrant is when? - answer Before the search, unless there is a justifiable reason not to A copy of the warrant given to someone should include? - answer Premises description, list of items to be seized, does not include PC affidavit Can an officer answer a ringing telephone when executing a search warrant? - answer Yes, this will not violate 4th amendment, any incriminating evidence acquired from those telephone calls is not subject to suppression Can you seize a weapon that is not contraband/evidence? - answer Yes, must return when warrant is complete A search warrant for ________________ carries with it the limited authority to detain the occupants of the premises until officers complete a proper search (The summers Doctrine) - answer Contraband An item is contraband if possession of the item is itself _________ - answer Unlawful, such as controlled substances, illegal firearms, child Pgrphy, and stolen property