Privacy Rights Quiz

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What are the two requirements for a person to have a reasonable expectation of privacy?

The person must indicate a subjective expectation of privacy and the expectation must be subjectively reasonable

The person must indicate a subjective expectation of privacy and the expectation must be objectively reasonable (correct)

The person must indicate an objective expectation of privacy and the expectation must be subjectively reasonable

The person must indicate an objective expectation of privacy and the expectation must be objectively reasonable

Which of the following is NOT one of the three major exceptions to the warrant requirement discussed in the text?

Emergency searches

Plain view searches (correct)

Consent searches

Searches incident to arrest

What is the main purpose of the Fourth Amendment, as mentioned in the text?

To outline the three major exceptions to the warrant requirement

To protect personal and societal values from unreasonable governmental intrusion (correct)

To guarantee the right to privacy in and around the home

To establish the requirements for a reasonable expectation of privacy

What is the court's ruling regarding officers climbing over a fence during a narcotics investigation?

Officers are not guilty of trespassing Signup and view all the answers

Under what circumstances can officers view a suspect's home from a neighbor's property?

If the suspect's property is visible to the public Signup and view all the answers

What is the expectation of privacy associated with other structures on the premises compared to a house?

The expectation of privacy is lower for other structures Signup and view all the answers

Under what circumstances would observations made through a side yard window be considered an illegal invasion of privacy?

If there is no pathway or entrance to the residence Signup and view all the answers

In what situation would observations made through a mostly covered side yard window be considered illegal?

If the officers have to crouch down and peek through a two-inch opening in the window shade Signup and view all the answers

When is it legal to enter a non-public area to make observations into a residence?

If there is an exigency justifying the intrusion Signup and view all the answers

Under what circumstances would observations made through a fence or wall not be considered a 'search'?

If the viewing requires extraordinary effort Signup and view all the answers

Which of the following is NOT an example of an area that typically does not have Fourth Amendment protection?

The interior hallway outside an apartment in a high-rise building Signup and view all the answers

Under what circumstances can a driveway receive Fourth Amendment protection?

When it is within the 'curtilage' of a property Signup and view all the answers

What is the test for determining if an area immediately surrounding a residence has Fourth Amendment protection?

Whether it is an area where the public has been implicitly invited Signup and view all the answers

In which of the following situations would an officer's observations be considered illegal?

Observing a person carrying a trash bag filled with marijuana in their driveway Signup and view all the answers

When can a peace officer physically enter an area where a person has a reasonable expectation of privacy?

All of the above Signup and view all the answers

What is the concept of 'curtilage' in relation to a home?

The area immediately surrounding a home that is protected by the Fourth Amendment Signup and view all the answers

Can a person claim a reasonable expectation of privacy in areas around their home where the general public is allowed to go?

No, they cannot claim a reasonable expectation of privacy in any areas around their home Signup and view all the answers

What was the ruling in the case of Hughston (2008) 168 Cal.App.4th 1062?

The tarp structure was equivalent to a large camping tent, and the officers' warrantless entry into the structure was unlawful Signup and view all the answers

Under what circumstances can a police officer lawfully enter a back yard without a warrant?

If they see a cocked revolver in the back yard Signup and view all the answers

When can a police officer observe objects in a person's fenced back yard without violating their privacy?

If the officer is standing in a public place and the objects are plainly visible Signup and view all the answers

What is the difference between observing a back yard from an adjacent house and observing a back yard from an adjacent apartment complex?

Observing from an adjacent house does not violate the yard owner's privacy, while observing from an adjacent apartment complex does Signup and view all the answers

When can observations made through a window be considered legal?

If the observer is standing in a public place and the observations are justified by an exigency Signup and view all the answers

Which one of these is true regarding the expectation of privacy in a person's front yard?

A person has a reasonable expectation of privacy in their front yard only if there is a locked gate or high solid fence blocking the view. Signup and view all the answers

Which one of these is true regarding the expectation of privacy in a person's back yard?

A person has a higher reasonable expectation of privacy in their back yard than their front yard, depending on the nature of the surrounding property and whether or how it is fenced. Signup and view all the answers

Which one of these is true regarding the legality of entering a person's back yard without a warrant, consent, or exigent circumstances?

Entering a person's back yard without a warrant, consent, or exigent circumstances is legal if there is a locked gate or high solid fence blocking the view. Signup and view all the answers

Which one of these is true regarding the legality of entering a person's fenced back yard without a warrant, consent, or exigent circumstances?

Entering a person's fenced back yard without a warrant, consent, or exigent circumstances is illegal. Signup and view all the answers