FLETC Fourth Amendment Exam 2024 with 100% Accurate Solutions, Exams of Nursing

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FLETC FOURTH AMENDMENT EXAM 2024 WITH 100% ACCURATE SOLUTIONS EPO 1: Recognize when fourth amendment applies to government action what is the fourth amendment what are the 4 enumerated protections - Precise Answer ✔✔Right of people to be secure in: 1- persons 2- houses 3- papers 4- effects from unreasonable search and seizures warrants require: -probable cause -particularity of place to be searched and person or thing to be seized EPO 1: Recognize when fourth amendment applies to government action Who counts as the government - Precise Answer ✔✔not JUST law enforcement but the entire government: inspectors, firefighters, school administrators private citizens acting as an instrument of the government EPO 1: Recognize when fourth amendment applies to government action when does a private citizen count as an instrument of the government - Precise Answer ✔✔1- whether the government knows of or acquiesces in the private actors conduct 2- whether the private party intends to assist law enforcement at the time of the search 3- whether the government affirmatively encourages, initiates, or participates in the private action EPO 1: Recognize when fourth amendment applies to government action who does NOT count as the government - Precise Answer ✔✔private citizens acting privately, even if criminally EPO 2: Identify situation where reasonable expectation of privacy exists History if what constitutes a search - Precise Answer ✔✔ownership or rightful possession was required until 1967 Katz vs united states created reasonable expectation of privacy standard does no include open fields EPO 2: Identify situation where reasonable expectation of privacy exists is real property an effect? - Precise Answer ✔✔no, "real property" or land is not an effect, no REP in open fields EPO 2: Identify situation where reasonable expectation of privacy exists Dunn factors - Precise Answer ✔✔proximity to home whether the area is in a signle enclosure (natural or artificial) that also surrounds the home the use of the area the steps taken by the resident to protect the area from observation by people passing by EPO 2: Identify situation where reasonable expectation of privacy exists government work places - Precise Answer ✔✔government employees have some REP depending on factors -prior notice to the employee (computer banners) that REP is limited or does no exist -common practices and procedures of employer -openness and accessibility to the area or item in question -whether the position of the employee requires special trust and confidence -whether the employee has waived any REP in the workplace, like through the collective bargaining process EPO 2: Identify situation where reasonable expectation of privacy exists abandoned property - Precise Answer ✔✔no REP with abandoned property abandonment occurs when an individual, either through words or actions indicates an intention to disavow permanently any interest in the item or place EPO 2: Identify situation where reasonable expectation of privacy exists mail - Precise Answer ✔✔REP only exists in first class and higher mail sent through UPS there is REP in all mail sent through private carriers EPO 2: Identify situation where reasonable expectation of privacy exists sensory ehancements - Precise Answer ✔✔depend on -sophistication of device -whether what the officer is observing is occurring in public or private example: thermal imaging needs a warrant or exception EPO 3: identify appropriate actions that may be taken when reasonable suspicion exists what are the 2 things that can be seized - Precise Answer ✔✔people and property EPO 3: identify appropriate actions that may be taken when reasonable suspicion exists when is a person seized? - Precise Answer ✔✔based on totality of circumstances, 3 general types: -a reasonable person would not feel free to leave or otherwise terminate the encounter -termination of movement by means intentionally applied -application of force with the intent to restrain -legal stop (RS or PC) -RS that suspect is presently armed and dangerous EPO 4: Identify when law enforcement officers may or may not use race to justify stops or arrests in accordance with department of justice guidelines - Precise Answer ✔✔side note: 4th ammendement does not care about police motive for a stop, 5th does race, ethinicity, gender, national origin, religion, sexual orientation, and gender identity may not be used as sole reason for a stop officer MAY rely on those characteristics in a specific suspect description -trustworthy info -relevant locality -relevant timeframe EPO 4: Identify when law enforcement officers may or may not use race to justify stops or arrests in accordance with department of justice guidelines exception? - Precise Answer ✔✔National security: still adheres to same principles as normal LE requires a compelling government interest (must pass strict scrutiny test) in this case may consider race ethnicity etc... and other relevant factors -trustworthy info -relevant locality -relevant timeframe EPO 5: Identify when probable cause exists to the extent that an arrest or search may be justified definition of PC to SEARCH - Precise Answer ✔✔PC to search exists where the known facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found in the place to be searched REASONABLE BELIEF (under 50% certainty) facts make it reasonable to believe that: -evidence/instrument/fruits of a specific crime or contraband -are in this place -right now EPO 5: Identify when probable cause exists to the extent that an arrest or search may be justified definition of PC to ARREST - Precise Answer ✔✔PC to search exists where the known facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that the suspect had committed or was committing an offense REASONABLE BELIEF (under 50% certainty) facts make it reasonable to believe that: -this person -committed this crime EPO 5: Identify when probable cause exists to the extent that an arrest or search may be justified what is an arrest - Precise Answer ✔✔taking control of another for the purpose of holding him to answer to a criminal charge or arrestee submits to the LEO or LEO takes physical control of the person EPO 5: Identify when probable cause exists to the extent that an arrest or search may be justified what is PC - Precise Answer ✔✔fact based reasonable belief EPO 5: Identify when probable cause exists to the extent that an arrest or search may be justified inevitable discovery - Precise Answer ✔✔example: illegal frisk found drugs, suspect returned with warrant, suspect arrested on warrant, drugs would have been discovered on SIA EPO 7: Identify exceptions to the exclusionary rule impeachment - Precise Answer ✔✔When a defendant takes the stand and testifies falsely, the government may cross examine to impeach and use illegally obtained evidence...basically to prove they are lying -can only be done on direct examination of defendant -or a defendants statements in response to proper-cross examination EPO 8: Limits of an arrest warrant how to get a warrant - Precise Answer ✔✔criminal complaint-police information-AUSA indictment-Grand jury must contain: signature of judge name of defendant offense charged command to arrest EPO 8: Limits of an arrest warrant is there an arrest if no submission or control? - Precise Answer ✔✔for test purposes, no torres case has muddied the waters EPO 8: Limits of an arrest warrant limits - Precise Answer ✔✔arresting LEO must have arrest authority of the offense arresting officer does NOT have to be one who obtained the warrant good anywhere within the jurisdiction of the united states no expiration EPO 8: Limits of an arrest warrant entering homes: suspect and third party - Precise Answer ✔✔to enter a home LEO must have: warrant consent or exigent circumstance cannot arrest in 3rd party home without one of above CAN enter suspect home IF -a reasonable belief they live there -a reasonable belief they are currently there EPO 9: identify when a FELONY arrest requires a warrant - Precise Answer ✔✔when an officer has PC that a suspect located in a PUBLIC space has committed a felony they can make a warrantless arrest EPO 10: identify when a MISDEMEANOR arrest requires a warrant - Precise Answer ✔✔when an officer has PC that a suspect has committed a misdemeanor IN THEIR PRESENCE they can make a warrantless arrest EPO 11: identify conditions under which an officer may use force to execute a warrant (search or arrest) according to the provisions of title 18 USC 3109 (knock and announce) what is knock and announce - Precise Answer ✔✔4th amendment does not specifically require knock and announce , supreme court has held that knock and announce is part of the reasonableness requirement: what is knock and announce: -knock -announce identity state court judges who are of a court-of-record EPO 13: identify components of an affidavit for a search warrants - Precise Answer ✔✔must establish a nexus between the evidence the government is seeking and the location it wants to search factors used to determine whether there is nexus -direct observations by LE -age of information -the nature of the crime -the nature of the items sought -the opportunity for concealment the normal interferences as to where a criminal would hide evidence EPO 13: identify components of an affidavit for a search warrants franks hearing - Precise Answer ✔✔false or misleading info, if statement or omission is made intentionally or wit "reckless disregard" for truth does not get a good faith exception EPO 15: Identify the legal requirements for executing a search warrant, e.g. authority to execute; time of entry; method of entry; locations on premises which may be searched; duration of the search; and inventory - Precise Answer ✔✔Who a search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant scope: wherever the item might be, list other structures on curtilage specifically if you can if it is on curtilage its considered a part of the house duration: as long as is reasonably necessary once tou leave search is over, need new warrant inventory: prepare inventory, have soemone sign as witness, leave a copy with copy of warrant on premises EPO 16: identify scope and purpose of a protective sweep definition - Precise Answer ✔✔a quick and limited search of a premises incident to arrest protect from others who might pose a danger narrowly confined to a cursory visual inspection of those places in which a person might be hiding EPO 16: identify scope and purpose of a protective sweep timing - Precise Answer ✔✔may last no longer than it takes to complete the arrest and depart the premises EPO 16: identify scope and purpose of a protective sweep 2 kinds - Precise Answer ✔✔automatic: once arrestee is located and arrest made, can conduct as precaution with no RS or PC, closets and other spaces immediately adjoiining the place of arrest, from which an attack could be launched extended: sweep beyond area immediately adjacent, must have articulable facts EPO 17: Identify circumstances in which persons on the premises may or may not be searched for evidence or frisked during the execution of a premises warrant summer definition and 3 justifications - Precise Answer ✔✔summers doctrine: A search warrant for contraband carries with it the limited authority to detain the occupants of the premises until officers complete a proper search 1- legitimate LE interest 2- minimizes risk of harm 3- occupants may assist in orderly completion of the search can be sued to apply for another warrant under an expanded scope (IE searching for documents, find drugs, reapply for drug warrant) incriminating nature of the item must be immediately apparent EPO 19: Identify situations where warrantless searches are allowed regarding motor vehicles - Precise Answer ✔✔Officer must have PC mobile conveyence must be readily mobile must be in public place no "exigency" required EPO 19: Identify situations where warrantless searches are allowed regarding motor vehicles timing - Precise Answer ✔✔no need to be contemporaneous with seizure of the vehicle may be done immediately, or later at another location EPO 19: Identify situations where warrantless searches are allowed regarding motor vehicles scope - Precise Answer ✔✔limited to nature of object may search container, whether locked or not may search trunk, no need for particularized belief may stop and search vehicle on PC of evidence in a container may search passenger belongings capable of concealing the object must have lawful access (ie cannot search on curtilage w/out warrant) EPO 20: Identify fact situations where warrantless searches are allowed during exigent circumstances, e.g., hot pursuit, destruction or removal of evidence, and emergency scenes factors considered - Precise Answer ✔✔1- gravity or violent nature of the offense 2- a reasonable belief that the suspect is armed 3- PC that the suspect committed the crime 4- reason to belive suspect is on the premises being entered 5- likelihood that delay could cause escape of suspect or destruction of evidence 6- liklihood that safety of officers or public will be jeopordized by delay EPO 20: Identify fact situations where warrantless searches are allowed during exigent circumstances, e.g., hot pursuit, destruction or removal of evidence, and emergency scenes hot pursuirt - Precise Answer ✔✔PC to arrest serious crime immediate and continuous pursuit from a public space PC to believe suspect in residence EPO 20: Identify fact situations where warrantless searches are allowed during exigent circumstances, e.g., hot pursuit, destruction or removal of evidence, and emergency scenes destruction or removal of evidence - Precise Answer ✔✔must have facts that a reasonable person would believe that evidence is being, or will be destroyed or removed...more specific factors differ based on circuit EPO 20: Identify fact situations where warrantless searches are allowed during exigent circumstances, e.g., hot pursuit, destruction or removal of evidence, and emergency scenes emerency scene - Precise Answer ✔✔the need to protect or preserve life 1- objectivly reasonable belief that there is a current emergency and an immediate need for officer assistance for protection of life or property 2- some reaonable basis approximateing to PC, to oassociate emergency with the area or place being searched after emergency is so over is the exception, officers must have a warrant to process the scene of say a murder