Privacy Expectations in Public and Private Spaces
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Questions and Answers

What can be inferred about Cole's expectations of privacy in the bathroom?

  • Cole did not have a reasonable expectation of privacy since it was in plain view. (correct)
  • Cole was aware that there were no privacy laws applicable in public restrooms.
  • Cole had a reasonable expectation of privacy because it was a public park.
  • Cole expected complete privacy due to being in a restroom.
  • Which statement accurately characterizes Anna's role in the interaction with Mike?

  • Anna's recording of the conversation violated Mike's expectation of privacy. (correct)
  • Anna was not considered an agent of the government during the conversation.
  • Anna was illegally recording Mike without his consent.
  • Anna had the same level of privacy expectation as Mike in his home.
  • Why was the dog's alert considered valid evidence in the search of the storage unit?

  • The dog's alert indicated illegal drugs in a personal area.
  • The officer had probable cause since the owner permitted the entry. (correct)
  • The search was conducted without any form of consent.
  • The presence of the dog constituted a search requiring a warrant.
  • In what way did the law view Harris's actions when he was ordered to pull over?

    <p>Harris's actions created probable cause for his detention. (D)</p> Signup and view all the answers

    What does the Wright V. Bella Vista Police decision imply about reasonable expectations of privacy?

    <p>Visibility to the public can diminish expectations of privacy. (B)</p> Signup and view all the answers

    What constitutes a 'seizure' during a traffic stop according to Sullivan's case?

    <p>The police officer makes a traffic stop and effectively restricts the driver's movement. (B)</p> Signup and view all the answers

    What was the legal significance of the dog alerting the officers in the context of probable cause?

    <p>It indicated unlawful activity, providing probable cause for further action. (A)</p> Signup and view all the answers

    In which situation did the court acknowledge that reasonable suspicion can arise from an area's reputation for criminal activity?

    <p>When individual actions are taken out of context. (B)</p> Signup and view all the answers

    What was the basis for the officer's legal stop of the vehicle in Navarette v. California?

    <p>The vehicle's color matched a report linked to criminal activity. (C)</p> Signup and view all the answers

    What distinguishes Mike's expectations regarding privacy compared to Anna's actions?

    <p>Anna’s recording made Mike's private conversation illegal. (D)</p> Signup and view all the answers

    What was a critical factor that allowed the search of the storage unit to proceed without a warrant?

    <p>The owner provided consent and probable cause was established. (B)</p> Signup and view all the answers

    According to U.S. v. Callison, what aspect of the stop was deemed unreasonable by the court?

    <p>The prolonged questioning of the passengers. (B)</p> Signup and view all the answers

    What justified the officer's search of Grant's pockets according to the ruling?

    <p>The officer had reason to believe Grant had a weapon. (D)</p> Signup and view all the answers

    What can be concluded about the concept of reasonable suspicion from the discussed cases?

    <p>The totality of circumstances must support the suspicion. (B)</p> Signup and view all the answers

    What did the court rule regarding the possession of heroin pills in the context of reasonable suspicion?

    <p>Items recognized based on training may be deemed admissible. (A)</p> Signup and view all the answers

    Which statement describes the expectations of an officer's actions during a Terry stop?

    <p>Officers can extend the stop based on their reasonable suspicion about occupants. (A)</p> Signup and view all the answers

    What is a requirement for a search to be considered reasonable under the 4th amendment?

    <p>It must be based on suspicion of a specific person. (C)</p> Signup and view all the answers

    In which case did the court rule that school officials do not need a warrant to conduct a search?

    <p>New Jersey V. T.L.O. (C)</p> Signup and view all the answers

    What is the significance of Riley V. California regarding phone searches?

    <p>Warrants are required to search cell phones. (C)</p> Signup and view all the answers

    What exception to the Miranda warning allows for certain questions to be asked after an arrest?

    <p>Public safety exception. (A)</p> Signup and view all the answers

    What does the term 'probable cause' refer to in legal searches?

    <p>A sufficient reason based on known facts. (C)</p> Signup and view all the answers

    Which of the following scenarios would typically require a warrant under the 4th amendment?

    <p>Searching a private phone without consent. (B)</p> Signup and view all the answers

    Why might the removal of the requirement to recite Miranda warnings be unwise?

    <p>It does not consider language barriers. (D)</p> Signup and view all the answers

    What principle was established in U.S. v. Martinez-Fuerte in relation to searches?

    <p>Searches at the border have fewer requirements. (A)</p> Signup and view all the answers

    What was a key reason for the unlawful entry despite the entry being lawful?

    <p>Knock and announce was not utilized. (C)</p> Signup and view all the answers

    What does the New York v. Belton case establish regarding police searches?

    <p>Searches may be conducted within reach of the driver. (A)</p> Signup and view all the answers

    Why was the search warrant considered valid in the discussed scenario?

    <p>Confession and authority were present. (B)</p> Signup and view all the answers

    What is recognized as a requirement for applying the automobile exception to the warrant requirement?

    <p>There must be probable cause and mobility. (B)</p> Signup and view all the answers

    What ruling did Medlock v. Trustees of Indiana University establish regarding searches?

    <p>Objects in plain view may be seized if the officer is there legally. (D)</p> Signup and view all the answers

    What was the key issue regarding the use of the battering ram and grenade for the entry?

    <p>The weapons were disproportionate to the situation. (A)</p> Signup and view all the answers

    In what context was the girlfriend’s authority to give consent for a search established?

    <p>Shared space and living arrangement. (A)</p> Signup and view all the answers

    What misconception did the officers have regarding the existence of weapons during the entry?

    <p>Assumed the suspect was armed without evidence. (A)</p> Signup and view all the answers

    What was the primary reason the officer's evidence in Rowell v City of Hickory was deemed admissible in court?

    <p>The officer based his identification on training and experience. (C)</p> Signup and view all the answers

    In U.S. v. Leon, why was the court ruled in favor of the officer?

    <p>The officer was unaware of false information in the warrant affidavit. (D)</p> Signup and view all the answers

    Why would the judge favor the defendant in the hypothetical scenario presented?

    <p>The officer provided misleading information on the warrant. (C)</p> Signup and view all the answers

    What was a significant factor in determining the lawfulness of the officer's actions in the domestic abuse case?

    <p>Physical evidence of harm was present for both parties. (A)</p> Signup and view all the answers

    Under what condition did Welsh v. Wisconsin determine that a warrant was necessary?

    <p>The offense was a misdemeanor and posed no public threat. (B)</p> Signup and view all the answers

    What precedent was established in Atwater v. Lago Vista regarding minor offenses?

    <p>Officers may arrest for minor offenses if probable cause exists. (D)</p> Signup and view all the answers

    What justified the lawful entry into Harris’s home?

    <p>The officer had a valid warrant and probable cause. (A)</p> Signup and view all the answers

    What is a critical implication regarding domestic violence arrests suggested by the scenarios presented?

    <p>There often exists inequality in arrests between parties involved. (D)</p> Signup and view all the answers

    Flashcards

    Reasonable Expectation of Privacy in a Public Restroom

    Someone using a public restroom does not have a reasonable expectation of privacy if they are visible to the public.

    Agent of Government (Wiretap)

    Someone who agrees to wear a wire becomes an agent of the government, and conversations are not considered private.

    Homeowner's Privacy Rights

    Inviting someone into your home does not give them the right to act as a government spy.

    Plain Smell Doctrine

    If officers lawfully can smell illegal substances in an area open to the public, no search warrant is needed.

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    Unlawful Detention and Search

    If a person evades police, they lose privacy rights, giving the officer probable cause for a search and seizure.

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    Constitutional Search in Storage Units

    If an owner grants permission, and probable cause exists for illegal substances, a search of a storage unit is constitutional.

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    Probable Cause

    Reasonable belief that a crime has been, is being, or is about to be committed.

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    Warrantless Search Exception

    Certain searches, like those in 'plain view', don't require a warrant.

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    Reasonable Suspicion for Traffic Stop

    A reasonable belief, based on articulable facts, that criminal activity is afoot, justifying a brief investigatory stop.

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    Brendlin v. California

    Establishes that a passenger in a car stopped by police is also seized and has the right to challenge the stop.

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    Reasonable Suspicion Factors

    Factors like an area's reputation for crime, unusual clothing, and combined suspicious behavior can cause reasonable suspicion.

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    Terry Stop

    Temporary detention of a person based on reasonable suspicion of criminal activity.

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    Pretext Stop

    A traffic stop with a different motive (reasonable suspicion) than the reason stated.

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    Probable Cause vs. Reasonable Suspicion

    Probable cause requires more evidence of criminal activity for an arrest or search, while reasonable suspicion is enough for brief questioning/investigation.

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    Unreasonable Delay

    An unwarranted or excessive wait time during a stop, particularly for backup officers, can make a stop invalid.

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    Officer's Experience and Training

    An officer's experience and training provide context in assessing suspicion, as long as details are not obscured or removed, to ensure the stop is legal.

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    Rowell v. City of Hickory

    A court case concerning the admissibility of evidence seized without a warrant. The court case details how an officer searched a vehicle and found suspected cocaine, stating it was crack due to training. However, the exact nature of the substance could not be determined right away, making the evidence insufficiently characterized.

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    Probable cause for arrest

    Sufficient reason to believe that a crime has been committed or is about to be committed, thus justifying an arrest or search.

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    U.S. v. Leon

    A landmark court case that deals with the issue of evidence admissibility when an officer mistakenly includes false information in a warrant affidavit. This case established the exclusionary rule.

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    Domestic violence arrest inequality

    Cases like Mahtan v. City of Sunnydale highlighted potential bias in domestic violence arrests, where the arresting officer might favor one partner.

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    Warrant for home entry

    A warrant is needed to enter someone's home, unless there are specific, extenuating circumstances, such as an immediate threat to public safety.

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    Welsh v. Wisconsin

    A court case where police entered a home for a misdemeanor offense without a warrant. The court ruled that a warrant is typically needed in cases where entering a home for a misdemeanor, not involving immediate danger, is involved.

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    Atwater v. Lago Vista

    A Supreme Court case establishing that officers with probable cause can arrest someone for a minor offense, even without a warrant.

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    Warrant & Probable cause entry

    A court decision supporting lawful home entry with a warrant, and demonstrating lawful probable cause.

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    Knock and announce rule

    Officers must announce their presence before entering a residence, unless there's a threat of harm or destruction of evidence.

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    Search within reach (Belton)

    An officer can search areas within a suspect's immediate control during an arrest.

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    Actual authority (consent)

    Someone with actual authority over a place can give consent to search that space.

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    Automobile exception (airplanes)

    Probable cause and mobility justify searching a vehicle (including an aircraft), without a warrant.

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    Plain view doctrine

    If an object is in plain view and an officer is lawfully in a place, the object can be seized legally.

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    Illegal items in plain sight

    Illegally possessed objects can be seized if the officer is legally present and the items are visible.

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    Scope of search (consent)

    Searches authorized by consent are limited to the scope of the consent given.

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    Neighborhood Protection Zone

    A policy that restricts entry to a neighborhood, potentially violating the 4th Amendment's protection against unreasonable searches and seizures.

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    Border Searches

    Searches at international airports are legal even without suspicion, as the public safety risk outweighs the intrusion.

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    School Searches

    School officials don't need warrants or probable cause for searches, but they must be reasonable and within the scope of the search.

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    Miranda Rights

    The right to remain silent and the right to an attorney during custodial interrogations, ensured by the 5th Amendment.

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    Phone Search

    Searching a person's phone without a warrant is usually unconstitutional, as it is considered a violation of their privacy.

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    Biometric Information

    Using biometric information like facial recognition to unlock a phone requires a warrant for the same reasons as searching the phone itself.

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    Public Safety Exception

    Law enforcement can ask questions related to the safety of themselves and the public even after an arrest, without reading Miranda rights.

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    Custodial Interrogation

    Questioning a person while they are in custody, which requires law enforcement to read the Miranda warnings.

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    Study Notes

    Prompt 1

    • Cole expected some privacy in a public park bathroom, but not a reasonable amount since it was visible.
    • A search did not occur because no special equipment was used, it was in plain view.
    • Probable cause wasn't applicable since two men entered the bathroom separately.
    • The court case Wright v. Bella Vista Police Department established that individuals have limited expectation of privacy in public areas like restrooms.

    Prompt 2

    • Anna, acting as a government agent, assumed the risk of her actions, by agreeing to wear a wire, when talking to Mike.
    • Mike, when letting Anna into his house, assumed the risk of his conversation with Anna being recorded.
    • Mike had a higher expectation of privacy in his home, making his conversation constitutional, recording it unconstitutional by Anna.
    • The case Osborn v. United States states that inviting a friend or business acquaintance into the home does not give the government agents permission to do a search.

    Prompt 3

    • No warrantless search was conducted as the officers received permission from the owner and had probable cause.
    • The officers smelled drugs in an area accessible to the public and a drug dog alerted to the smell.
    • The drug dog's use, with owner permission, was a constitutional search.

    Prompt 4

    • Harris was seized when ordered to stop but he refused, providing probable cause to search.
    • Evasion of law enforcement further justified the search that resulted in finding contraband.
    • The case US v. Sullivan, established that stopping a driver triggers a seizure.
    • Brendlin v. California highlighted the seizure of a passenger during a traffic stop.

    Prompt 1 (Page 2)

    • Reasonable suspicion can use past criminal activity in an area in determining if a suspect is acting suspicious.
    • In Hunter, the court stated that each individual factor could be used as a part of determining reasonable suspicion.

    Prompt 2 (Page 2)

    • The officer had reasonable suspicion to stop a car because it matched a description of a vehicle previously reported.
    • In Navarette v. California, a stop was legal because the description matched a previous report of a vehicle.
    • The description of the vehicle was probable cause
    • The wait time for backup was not unreasonable, but the prolonged questions were.

    Prompt 3 (Page 2)

    • A Terry stop can extend to passengers if there's reasonable suspicion they pose a threat.
    • In Callison, the court ruled the unreasonable time was not caused by awaiting backup but the length of questions.

    Prompt 4 (Page 2)

    • Heroin pills were admissible in court because Grant frequently reached into his pockets, suggesting he might be carrying a weapon or contraband.
    • The Officer had reasonable suspicion to search Grant based on visible behaviors of acting suspiciously and recognized the pills as heroin. In Rowell v. City of Hickory, the court considered prior training in recognizing crack cocaine evidence in a vehicle search to be acceptable.
    • The officer knowingly added false information during warrant request, which can lead to suppression of the evidence.

    Prompt 1 (Page 3)

    • Abuse arrests are unique due to potential unequal treatment between the accused.
    • The officer did have probable cause to arrest Mr. O'Riley due to physical harm and a statement from Mrs. Hansen.

    Prompt 3 (Page 3)

    • Warrants are required to enter a home unless there's an immediate threat to public safety.
    • Welsh v. Wisconsin established that a warrant was required for entering a home during a misdemeanor offense unless there is a threat of immediate harm.

    Prompt 4 (Page 3)

    • An arrest is constitutional if there's probable cause, even for minor offenses (Atwater v. Lago Vista).
    • The officer did not violate the 4th Amendment during the arrest and eating the fry.

    Prompt 1 (Page 4)

    • A warrant and probable cause allow entry into a home.
    • Forceful entry using battering rams and grenades is not justifiable unless there's an immediate threat.

    Prompt 2 (Page 4)

    • A search is valid when the object is within the driver's reach (New York v. Belton).

    Prompt 3 (Page 4)

    • A girlfriend's presence allows for search access, with it being an appropriate area in the premises that is searched.

    Prompt 1 (Page 5)

    • Avoiding Miranda warnings for those who don't speak English might be considered unethical.

    Prompt 2 (Page 5)

    • Searching a phone without a warrant was unconstitutional in Riley v. California.
    • Use of biometric data for unlocking phones requires a warrant

    Prompt 3 (Page 5)

    • Safety for officers and public justifies statements made related to the investigation.
    • U.S. v. Liddell, ruled that public safety exception of Miranda applies to questions after an arrest.

    Prompt 4 (Page 5)

    • Miranda warnings can be waived if the suspect understands them.

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    Description

    Explore the legal nuances of privacy expectations in public restrooms and private homes. This quiz reviews key court cases, including Wright v. Bella Vista and Osborn v. United States, highlighting the distinctions in privacy rights under different circumstances. Test your understanding of constitutional principles regarding privacy.

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