Privacy on Work Computers
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Questions and Answers

According to the Fourth Amendment, what is required for a warrant to be issued?

  • Physical force
  • Reasonable suspicion
  • Probable cause (correct)
  • Oath or affirmation
  • When does a 'seizure' of a person occur?

  • When a person is detained
  • When a peace officer physically applies force
  • When a person voluntarily submits to a peace officer's authority (correct)
  • When a person resists arrest
  • What constitutes a 'search' according to the Fourth Amendment?

  • Obtaining a search warrant
  • Detaining a person for questioning
  • Infringement upon a reasonable expectation of privacy (correct)
  • Physical contact with a person
  • According to the text, the Fourth Amendment applies to the acts of:

    <p>government officers or their agents</p> Signup and view all the answers

    The Fourth Amendment addresses:

    <p>the intentional misuse of power by government officers</p> Signup and view all the answers

    The exclusionary rule is a sanction created by the Supreme Court to:

    <p>deter improper police conduct</p> Signup and view all the answers

    The exclusionary rule will be invoked for every violation of the Fourth Amendment:

    <p>False</p> Signup and view all the answers

    Which of the following individuals generally has standing to challenge a trunk search of a car?

    <p>The driver of the car</p> Signup and view all the answers

    If a car is stolen, who has standing to challenge a search of the car?

    <p>Neither the driver nor the passenger</p> Signup and view all the answers

    Who has standing to challenge a search of a rental car, even if the lease has expired and they are holding over?

    <p>The lessee of the rental car</p> Signup and view all the answers

    Who generally does not have standing to challenge a search of a stolen car?

    <p>The owner of the stolen car</p> Signup and view all the answers

    Under the 'good faith' exception to the exclusionary rule, evidence may not be suppressed if a reasonably well trained officer would have known that the search was illegal.

    <p>True</p> Signup and view all the answers

    Which of the following is NOT a factor considered when evaluating a 'good faith' claim under the Leon exception?

    <p>The officer's intent or belief</p> Signup and view all the answers

    In which scenario was the 'good faith' exception NOT applied?

    <p>A probation department's clerk erroneously failed to remove defendant from the active probation status database</p> Signup and view all the answers

    According to the text, the exclusionary rule is meant to deter which of the following types of conduct?

    <p>Deliberate, reckless, or grossly negligent conduct</p> Signup and view all the answers

    According to Proposition 8, evidence obtained in violation of the federal or California Constitution is admissible in court if the police do not violate which of the following amendments or procedures?

    <p>Fifth Amendment</p> Signup and view all the answers

    In order to move for the suppression of evidence, a defendant must establish 'standing'. What does 'standing' mean in this context?

    <p>The defendant must show that the search or seizure invaded their personal, reasonable, and legitimate expectation of privacy</p> Signup and view all the answers

    If a defendant claims that someone else's Miranda or Sixth Amendment rights were violated, what is the court's ruling?

    <p>The court will allow the evidence</p> Signup and view all the answers

    In a vehicle stop, if drugs are found in a briefcase located between the driver and another person, what must the defendant establish to make a successful pretrial suppression motion?

    <p>The defendant must establish ownership of the briefcase</p> Signup and view all the answers

    According to the text, which of the following factors is NOT considered when establishing 'standing' in a search and seizure case?

    <p>Whether he has a criminal record</p> Signup and view all the answers

    In the context of search and seizure, which of the following statements is FALSE?

    <p>A landlord has no privacy interest in units occupied by tenants</p> Signup and view all the answers

    According to the text, who has standing to question the entry or search of a guestroom?

    <p>An overnight guest</p> Signup and view all the answers

    Which of the following statements about standing in a search and seizure case is TRUE?

    <p>A person who denies ownership or any possessory interest may be precluded from litigating the merits of his motion</p> Signup and view all the answers

    According to the text, when does the exclusionary rule apply?

    <p>When an erroneous search or seizure is the result of deliberate misconduct.</p> Signup and view all the answers

    According to the text, what did the clerk find in the Dale County computer base?

    <p>An active arrest warrant for Herring's failure to appear on a felony.</p> Signup and view all the answers

    According to the text, why did the exclusionary rule not apply in this case?

    <p>The error in this case was attributable to negligent recordkeeping.</p> Signup and view all the answers

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