Privacy Rights in the Digital Age Quiz

According to the Fourth Amendment, who can violate the prohibition against unreasonable search and seizure?

Both government officers and private citizens

Government officers and their agents (correct)

Private citizens

Neither government officers nor private citizens

Which of the following is true about the Fourth Amendment?

It applies only to intentional search or seizure

It mandates that police officers act reasonably (correct)

It requires flawless actions from police officers

It addresses accidental effects of lawful government conduct

What is the purpose of the exclusionary rule?

To justify police misconduct

To provide a personal constitutional right

To deter improper police conduct (correct)

To suppress all evidence obtained illegally

Under what circumstances will the exclusionary rule be invoked?

For violations that produce illegally obtained evidence Signup and view all the answers

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

When there is reckless conduct in maintaining a warrant system Signup and view all the answers

What did the Dale County clerk learn about the arrest warrant?

The arrest warrant had been recalled five months earlier Signup and view all the answers

In the case mentioned, why was the exclusionary rule not applied?

The error was due to negligence by the neighboring county's record-keepers Signup and view all the answers

According to the text, who has standing to challenge a search of a stolen car?

The thief who stole the car Signup and view all the answers

According to the text, who has a reasonable expectation of privacy in a rental car?

The lessee of the rental car Signup and view all the answers

According to the text, who can challenge a search or entry of a home as a regular visitor?

All of the above Signup and view all the answers

According to the text, who generally has standing to challenge a trunk search of a car?

The driver of the car Signup and view all the answers

According to Proposition 8, evidence obtained in violation of which of the following amendments is admissible in court?

All of the above Signup and view all the answers

To move for the suppression of evidence, a defendant must establish 'standing' which means showing that the illegal search or seizure invaded their own personal, reasonable, and legitimate expectation of privacy. This expectation of privacy is protected by which amendment?

Fourth Amendment Signup and view all the answers

If a defendant can show that a coerced, involuntary statement from a third party rendered the evidence unreliable, it may result in a fundamentally unfair trial for the defendant. This would be a violation of which amendment?

Fourteenth Amendment Signup and view all the answers

In order to make a successful pretrial suppression motion, a defendant must establish ownership of the evidence to demonstrate their 'standing'. This concept is related to which amendment?

Fourth Amendment Signup and view all the answers

Who bears the burden of showing a legitimate expectation of privacy?

The defendant Signup and view all the answers

Which of the following factors is NOT considered when establishing 'standing' to challenge a search?

Whether the defendant took normal precautions to maintain privacy Signup and view all the answers

Which of the following scenarios would likely result in the defendant lacking standing to question the validity of a police entry?

The defendant is an overnight guest in a residence Signup and view all the answers

In which of the following scenarios would a person likely lack a reasonable expectation of privacy in their own 'home'?

The person's home is a make-shift shelter located on public property Signup and view all the answers

According to the text, what is the 'good faith' exception to the exclusionary rule?

If a search or seizure was illegal, the evidence may be excluded if the officer was acting in 'good faith'. Signup and view all the answers

According to the text, what is the objective of the exclusionary rule?

To protect individuals' privacy rights from unlawful searches and seizures. Signup and view all the answers

According to the text, what does the 'adjunct test' refer to?

A test to determine if evidence should be excluded based on the involvement of probation officers in a search. Signup and view all the answers

According to the text, what type of conduct is required for the exclusionary rule to apply?

Deliberate, reckless, or grossly negligent conduct. Signup and view all the answers

According to the Fourth Amendment, a 'search' occurs when a government officer infringes upon an expectation of privacy that society considers reasonable.

The Fourth Amendment does not require a warrant for all searches. Signup and view all the answers

The Fourth Amendment prohibits 'unreasonable' searches and seizures. What constitutes a 'seizure' of property?

Any interference with an individual's possessory interest in that property. Signup and view all the answers

According to the text, a 'seizure' of a person occurs when:

Both a peace officer physically applies force and a person voluntarily submits to a peace officer's authority. Signup and view all the answers