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Questions and Answers
What is the primary requirement for a warrantless search to be valid if it is made incident to a lawful arrest?
What is the primary requirement for a warrantless search to be valid if it is made incident to a lawful arrest?
In what circumstances can a 'protective sweep' of a home be conducted?
In what circumstances can a 'protective sweep' of a home be conducted?
What is the scope of a search incident to a lawful arrest in terms of the person's clothing?
What is the scope of a search incident to a lawful arrest in terms of the person's clothing?
What is the consequence of an invalid arrest on a search incident to that arrest?
What is the consequence of an invalid arrest on a search incident to that arrest?
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What is the temporal requirement for a search incident to a lawful arrest?
What is the temporal requirement for a search incident to a lawful arrest?
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What is the rationale behind the Chimel standard?
What is the rationale behind the Chimel standard?
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What is the consequence of a traffic stop that does not result in an arrest?
What is the consequence of a traffic stop that does not result in an arrest?
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What is the scope of a 'protective sweep' of a home?
What is the scope of a 'protective sweep' of a home?
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What is the consequence of failing to comply with a police request during a traffic stop?
What is the consequence of failing to comply with a police request during a traffic stop?
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What is the Fourth Amendment's protection against?
What is the Fourth Amendment's protection against?
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Under what circumstances can police extend a stop to conduct a dog sniff?
Under what circumstances can police extend a stop to conduct a dog sniff?
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What is required to support a seizure beyond the initial stop?
What is required to support a seizure beyond the initial stop?
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What is the Gant rule related to?
What is the Gant rule related to?
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What is the 'plain-view' doctrine related to?
What is the 'plain-view' doctrine related to?
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What is the limitation of probable cause to search a vehicle?
What is the limitation of probable cause to search a vehicle?
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Under what circumstances can police search a passenger's belongings?
Under what circumstances can police search a passenger's belongings?
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What is the purpose of a pretextual stop?
What is the purpose of a pretextual stop?
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What is the limitation of searching a trunk?
What is the limitation of searching a trunk?
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What is the primary purpose of a stop and frisk?
What is the primary purpose of a stop and frisk?
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What is the standard for determining reasonable suspicion in a stop?
What is the standard for determining reasonable suspicion in a stop?
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What is the basis for a police officer's reasonable suspicion in Illinois v. Wardlow?
What is the basis for a police officer's reasonable suspicion in Illinois v. Wardlow?
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What is the basis for a police officer's reasonable mistake of law in Heien v. North Carolina?
What is the basis for a police officer's reasonable mistake of law in Heien v. North Carolina?
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What is the purpose of a limited search of a person during a frisk?
What is the purpose of a limited search of a person during a frisk?
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What is the requirement for a police officer to conduct a search of the passenger compartment of a vehicle during a Terry stop?
What is the requirement for a police officer to conduct a search of the passenger compartment of a vehicle during a Terry stop?
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What is the limitation on the duration of a Terry stop?
What is the limitation on the duration of a Terry stop?
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What is the requirement for a police officer to require a detained person to identify themselves?
What is the requirement for a police officer to require a detained person to identify themselves?
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What is the exception to the warrant requirement that allows an officer to seize evidence during a frisk?
What is the exception to the warrant requirement that allows an officer to seize evidence during a frisk?
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What is the requirement for a police officer to order occupants out of a vehicle during a lawful stop?
What is the requirement for a police officer to order occupants out of a vehicle during a lawful stop?
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When can a third party's consent to a search be valid even though they lack actual authority?
When can a third party's consent to a search be valid even though they lack actual authority?
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What is required for an administrative search warrant to be issued?
What is required for an administrative search warrant to be issued?
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What happens when a defendant is present and objects to a search of a jointly controlled property?
What happens when a defendant is present and objects to a search of a jointly controlled property?
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Can a landlord consent to a search of a tenant's premises?
Can a landlord consent to a search of a tenant's premises?
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What is the rule for searching a child's room with a parent's consent?
What is the rule for searching a child's room with a parent's consent?
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Can the government use administrative searches to investigate criminal activity?
Can the government use administrative searches to investigate criminal activity?
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What happens when a defendant previously objected to a search, but is not present at the time of the search?
What happens when a defendant previously objected to a search, but is not present at the time of the search?
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What is the burden of proof in establishing that consent was freely given?
What is the burden of proof in establishing that consent was freely given?
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Who can consent to a search of a hotel room?
Who can consent to a search of a hotel room?
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What happens when consent is given to search a car, and a closed container is found inside?
What happens when consent is given to search a car, and a closed container is found inside?
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Which of the following is an exception to the warrant requirement for searching a person's digital information?
Which of the following is an exception to the warrant requirement for searching a person's digital information?
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What is required to justify a warrantless search of an automobile incident to arrest?
What is required to justify a warrantless search of an automobile incident to arrest?
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What is an exception to the warrant requirement for searching a legally impounded vehicle?
What is an exception to the warrant requirement for searching a legally impounded vehicle?
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What is the test used to determine the existence of exigent circumstances?
What is the test used to determine the existence of exigent circumstances?
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What is an exception to the warrant requirement for entering a private building?
What is an exception to the warrant requirement for entering a private building?
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What is an important factor to consider when determining whether an exigency exists?
What is an important factor to consider when determining whether an exigency exists?
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What is authorized whenever there is a reasonable apprehension that the delay required in obtaining a warrant would result in the immediate danger of evidence destruction?
What is authorized whenever there is a reasonable apprehension that the delay required in obtaining a warrant would result in the immediate danger of evidence destruction?
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Which of the following is not a circumstance that justifies a warrantless search of a vehicle?
Which of the following is not a circumstance that justifies a warrantless search of a vehicle?
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What is the rule regarding exigent circumstances that does not apply when the police create the exigency?
What is the rule regarding exigent circumstances that does not apply when the police create the exigency?
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What is the standard for determining whether a person needs aid in an emergency situation?
What is the standard for determining whether a person needs aid in an emergency situation?
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Which of the following searches does not require reasonable suspicion?
Which of the following searches does not require reasonable suspicion?
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What is the standard for searches of students by public school officials?
What is the standard for searches of students by public school officials?
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Which of the following is an example of a special needs search?
Which of the following is an example of a special needs search?
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What is the purpose of inventory searches of items in official custody?
What is the purpose of inventory searches of items in official custody?
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Which of the following is a valid search without a warrant?
Which of the following is a valid search without a warrant?
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What is the standard for international border searches?
What is the standard for international border searches?
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Which of the following is a type of search that requires a warrant?
Which of the following is a type of search that requires a warrant?
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What is the purpose of vehicle checkpoints and roadblocks?
What is the purpose of vehicle checkpoints and roadblocks?
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Which of the following is an exception to the warrant requirement?
Which of the following is an exception to the warrant requirement?
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What is the standard for factory searches of the entire work force to determine citizenship of workers?
What is the standard for factory searches of the entire work force to determine citizenship of workers?
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Under the 'plain view' doctrine, which of the following conditions must be met for an officer to seize an item?
Under the 'plain view' doctrine, which of the following conditions must be met for an officer to seize an item?
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Which of the following types of permission is not considered voluntary consent?
Which of the following types of permission is not considered voluntary consent?
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According to the Schneckloth v. Bustamonte case, what is required for consent to be valid?
According to the Schneckloth v. Bustamonte case, what is required for consent to be valid?
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In which of the following situations may a third party give consent to a search of property owned by the defendant?
In which of the following situations may a third party give consent to a search of property owned by the defendant?
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Which of the following cases established that a third party's consent to a search of property owned by the defendant is not valid unless the third party has the authority to consent on behalf of the defendant?
Which of the following cases established that a third party's consent to a search of property owned by the defendant is not valid unless the third party has the authority to consent on behalf of the defendant?
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What is required for an officer to seize an item under the 'plain view' doctrine?
What is required for an officer to seize an item under the 'plain view' doctrine?
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In which of the following situations may an officer seize evidence in plain view?
In which of the following situations may an officer seize evidence in plain view?
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What is the main difference between a voluntary consent search and a warrant-based search?
What is the main difference between a voluntary consent search and a warrant-based search?
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Which of the following cases established that a false assertion of authority by an officer can invalidate consent?
Which of the following cases established that a false assertion of authority by an officer can invalidate consent?
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What is required for a third party to have the authority to consent to a search of property jointly controlled by the defendant and the third party?
What is required for a third party to have the authority to consent to a search of property jointly controlled by the defendant and the third party?
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What is the primary requirement for a wiretap warrant to be valid?
What is the primary requirement for a wiretap warrant to be valid?
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In what circumstances can a person assume no Fourth Amendment claim?
In what circumstances can a person assume no Fourth Amendment claim?
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What is the requirement for a wiretap related to domestic security surveillance?
What is the requirement for a wiretap related to domestic security surveillance?
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What is the consequence of a wiretap warrant that does not comply with the Omnibus Crime Control and Safe Streets Act?
What is the consequence of a wiretap warrant that does not comply with the Omnibus Crime Control and Safe Streets Act?
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What is the requirement for a wiretap warrant in terms of the duration of the wiretap?
What is the requirement for a wiretap warrant in terms of the duration of the wiretap?
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What is the requirement for a wiretap warrant in terms of the description of the conversations that can be overheard?
What is the requirement for a wiretap warrant in terms of the description of the conversations that can be overheard?
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What is the primary requirement for a warrantless search of a cell phone or laptop incident to arrest?
What is the primary requirement for a warrantless search of a cell phone or laptop incident to arrest?
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Under what circumstances can a legally impounded vehicle be searched, including closed containers?
Under what circumstances can a legally impounded vehicle be searched, including closed containers?
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What is the test used to determine the existence of exigent circumstances in warrantless entry into a home or business?
What is the test used to determine the existence of exigent circumstances in warrantless entry into a home or business?
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What is an exception to the warrant requirement for entering a private building?
What is an exception to the warrant requirement for entering a private building?
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What is an important factor to consider when determining whether an exigency exists in warrantless entry into a home?
What is an important factor to consider when determining whether an exigency exists in warrantless entry into a home?
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What is authorized whenever there is a reasonable apprehension that the delay required in obtaining a warrant would result in the immediate danger of evidence destruction?
What is authorized whenever there is a reasonable apprehension that the delay required in obtaining a warrant would result in the immediate danger of evidence destruction?
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Which of the following searches does not require reasonable suspicion?
Which of the following searches does not require reasonable suspicion?
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What is the rule regarding exigent circumstances that does not apply when the police create the exigency?
What is the rule regarding exigent circumstances that does not apply when the police create the exigency?
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What is the standard for determining whether a person needs aid in an emergency situation?
What is the standard for determining whether a person needs aid in an emergency situation?
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What is the exception to the warrant requirement for searching a vehicle, according to Arizona v. Gant?
What is the exception to the warrant requirement for searching a vehicle, according to Arizona v. Gant?
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What is the primary purpose of a Terry stop?
What is the primary purpose of a Terry stop?
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What is required for a police officer to have reasonable suspicion to conduct a frisk?
What is required for a police officer to have reasonable suspicion to conduct a frisk?
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Under what circumstances can a police officer conduct a search of the passenger compartment of a vehicle?
Under what circumstances can a police officer conduct a search of the passenger compartment of a vehicle?
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What is the basis for a police officer's reasonable mistake of law in Heien v. North Carolina?
What is the basis for a police officer's reasonable mistake of law in Heien v. North Carolina?
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What is the limitation on the duration of a Terry stop?
What is the limitation on the duration of a Terry stop?
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What is the requirement for a police officer to require a detained person to identify themselves?
What is the requirement for a police officer to require a detained person to identify themselves?
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What is the exception to the warrant requirement that allows an officer to seize evidence during a frisk?
What is the exception to the warrant requirement that allows an officer to seize evidence during a frisk?
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What is the requirement for a police officer to order occupants out of a vehicle during a lawful stop?
What is the requirement for a police officer to order occupants out of a vehicle during a lawful stop?
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What is the scope of a limited search of a person during a frisk?
What is the scope of a limited search of a person during a frisk?
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What is the basis for a police officer's reasonable suspicion in Illinois v. Wardlow?
What is the basis for a police officer's reasonable suspicion in Illinois v. Wardlow?
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What is the primary rationale behind allowing a search incident to a lawful arrest?
What is the primary rationale behind allowing a search incident to a lawful arrest?
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Under what circumstances can a search incident to a lawful arrest be conducted in a home?
Under what circumstances can a search incident to a lawful arrest be conducted in a home?
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What is the significance of the 'wingspan' in the context of a search incident to a lawful arrest?
What is the significance of the 'wingspan' in the context of a search incident to a lawful arrest?
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What is the scope of a search incident to a lawful arrest in terms of containers?
What is the scope of a search incident to a lawful arrest in terms of containers?
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What is the consequence of an arrest that is invalid on a search incident to that arrest?
What is the consequence of an arrest that is invalid on a search incident to that arrest?
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What is the purpose of a 'protective sweep' in the context of a search incident to a lawful arrest?
What is the purpose of a 'protective sweep' in the context of a search incident to a lawful arrest?
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What is the time limitation for a search incident to a lawful arrest?
What is the time limitation for a search incident to a lawful arrest?
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What is the basis for the Chimel standard?
What is the basis for the Chimel standard?
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What is the consequence of a traffic stop that violates the Fourth Amendment's protection against unreasonable seizures?
What is the consequence of a traffic stop that violates the Fourth Amendment's protection against unreasonable seizures?
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When can police search a vehicle without a warrant?
When can police search a vehicle without a warrant?
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What is the limitation of probable cause to search a vehicle?
What is the limitation of probable cause to search a vehicle?
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What is the purpose of a pretextual stop?
What is the purpose of a pretextual stop?
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What is the scope of a search incident to a lawful arrest in terms of the vehicle?
What is the scope of a search incident to a lawful arrest in terms of the vehicle?
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What is the limitation of searching a trunk?
What is the limitation of searching a trunk?
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What is the 'plain-view' doctrine related to?
What is the 'plain-view' doctrine related to?
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What is the consequence of failing to comply with a police request during a traffic stop?
What is the consequence of failing to comply with a police request during a traffic stop?
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Under what circumstances can police search a passenger's belongings?
Under what circumstances can police search a passenger's belongings?
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What is the basis for a police officer's reasonable suspicion in a stop?
What is the basis for a police officer's reasonable suspicion in a stop?
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What is the primary requirement for a wiretap warrant?
What is the primary requirement for a wiretap warrant?
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What is the consequence of a person finding out that the listener was wired or recording the conversation?
What is the consequence of a person finding out that the listener was wired or recording the conversation?
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What is the requirement for domestic security surveillance wiretaps?
What is the requirement for domestic security surveillance wiretaps?
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What is the exception to the requirement for prior authorization when installing electronic equipment?
What is the exception to the requirement for prior authorization when installing electronic equipment?
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What is the principle established in Katz v. United States, 389 U.S. 347 (1967)?
What is the principle established in Katz v. United States, 389 U.S. 347 (1967)?
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What is the requirement for the termination of a wiretap?
What is the requirement for the termination of a wiretap?
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Which of the following types of searches may be conducted without a warrant, based on the theory that the business impliedly consented to warrantless searches by entering into a highly regulated industry?
Which of the following types of searches may be conducted without a warrant, based on the theory that the business impliedly consented to warrantless searches by entering into a highly regulated industry?
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What is the standard for determining whether a search of a student by a public school official is reasonable?
What is the standard for determining whether a search of a student by a public school official is reasonable?
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Which of the following is an example of a special needs search?
Which of the following is an example of a special needs search?
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What is the purpose of an inventory search of items in official custody?
What is the purpose of an inventory search of items in official custody?
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Which of the following is a requirement for an inventory search of items in official custody?
Which of the following is a requirement for an inventory search of items in official custody?
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What is the rationale behind the allowance of warrantless searches of parolees and their homes?
What is the rationale behind the allowance of warrantless searches of parolees and their homes?
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Which of the following is an example of a routine international border search?
Which of the following is an example of a routine international border search?
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What is the purpose of a vehicle checkpoint or roadblock?
What is the purpose of a vehicle checkpoint or roadblock?
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Which of the following is an example of a search that is justified by a reasonable suspicion of work-related misconduct?
Which of the following is an example of a search that is justified by a reasonable suspicion of work-related misconduct?
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What is the rationale behind the allowance of warrantless searches of factory workers to determine citizenship?
What is the rationale behind the allowance of warrantless searches of factory workers to determine citizenship?
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What is the significance of the U.S. v. Matlock case in relation to third-party consent to searches?
What is the significance of the U.S. v. Matlock case in relation to third-party consent to searches?
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What happens when a defendant is present and objects to a search of a jointly controlled property?
What happens when a defendant is present and objects to a search of a jointly controlled property?
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What is the significance of the Illinois v. Rodriguez case in relation to third-party consent to searches?
What is the significance of the Illinois v. Rodriguez case in relation to third-party consent to searches?
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What is the rule regarding the scope of consent to search a car?
What is the rule regarding the scope of consent to search a car?
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What is the burden of proof in establishing that consent was freely given?
What is the burden of proof in establishing that consent was freely given?
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What is the purpose of an administrative search warrant?
What is the purpose of an administrative search warrant?
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What is the rule regarding the ownership of a premises and authority to consent to a search?
What is the rule regarding the ownership of a premises and authority to consent to a search?
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What is the significance of the Fernandez v. California case in relation to third-party consent to searches?
What is the significance of the Fernandez v. California case in relation to third-party consent to searches?
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What is the rule regarding the consent of a parent to search a child's room?
What is the rule regarding the consent of a parent to search a child's room?
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What is the limitation on the use of administrative searches?
What is the limitation on the use of administrative searches?
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Under what circumstances can a police officer seize an item in plain view, even if it was not named in the search warrant?
Under what circumstances can a police officer seize an item in plain view, even if it was not named in the search warrant?
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What is required for permission to constitute consent to a search?
What is required for permission to constitute consent to a search?
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Under what circumstances can a third party's consent to a search be valid, even if they lack actual authority?
Under what circumstances can a third party's consent to a search be valid, even if they lack actual authority?
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What is the rule for searching a jointly controlled property when the defendant is present?
What is the rule for searching a jointly controlled property when the defendant is present?
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What happens when a third party gives consent to a search of a defendant's property, but the defendant does not have a close relationship with the third party?
What happens when a third party gives consent to a search of a defendant's property, but the defendant does not have a close relationship with the third party?
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What is the rule for consent searches when the police officer falsely asserts that they have a warrant?
What is the rule for consent searches when the police officer falsely asserts that they have a warrant?
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What is required for a police officer to seize evidence in plain view?
What is required for a police officer to seize evidence in plain view?
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What is the rule for consent searches when the defendant is not aware of their right to withhold consent?
What is the rule for consent searches when the defendant is not aware of their right to withhold consent?
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Under what circumstances can a police officer conduct a search based on a third party's consent?
Under what circumstances can a police officer conduct a search based on a third party's consent?
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What is the rule for consent searches when the defendant is present, but the third party gives consent?
What is the rule for consent searches when the defendant is present, but the third party gives consent?
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Study Notes
Search Incident to a Lawful Arrest
- A warrantless search is valid if it is reasonable in scope and made incident to a lawful arrest.
- If the arrest is invalid, any search made incident to it is also invalid.
- A search incident to a lawful arrest cannot be made if the suspect is stopped for a traffic offense and given a citation but not arrested.
The Chimel Standard
- A lawful arrest justifies a warrantless contemporaneous search of the person arrested and the immediate surrounding area.
- The "wingspan" of the person arrested includes the area within their immediate control.
- Officers can conduct a "protective sweep" of adjacent areas to ensure their safety, but it must be limited to a quick and limited visual inspection.
Time Limitations (Temporal Unity)
- A search incident to a valid arrest must take place contemporaneously with the arrest to be valid.
Scope of Search
- The search incident to a lawful arrest includes the right to search pockets of clothing and to open containers found inside the pockets.
- The search extends to containers "immediately associated" with the person, such as a shoulder bag or purse.
- The search incident to lawful arrest exception does not extend to an arrestee's cell phone or laptop, and a warrant is required to search digital information.
Vehicle Search Incident to Arrest
- To justify a warrantless search of an automobile incident to arrest, the Fourth Amendment requires that law enforcement demonstrate either:
- That the arrestee is within reaching distance of the passenger compartment at the time of the search and may pose an actual and continuing threat to the officer's safety or a need to preserve evidence.
- That it is reasonable to believe that evidence of the offense of arrest might be found in the vehicle.
Impounded Vehicle
- A legally impounded vehicle may be searched, including closed containers, as part of a routine inventory search.
Exigent Circumstances
- Warrantless entry into a home or business is presumed unlawful unless the government demonstrates both probable cause and exigent circumstances.
- The "totality of the circumstances" test is used to determine the existence of exigent circumstances.
- Police may secure the premises for a reasonable time to enable officers to obtain a warrant when the police have reason to believe that the failure to do so could result in the destruction of evidence.
Hot Pursuit
- If the police have probable cause to believe that an individual has committed a felony and they are pursuing him to arrest him, then they have the right to enter a private building during the pursuit.
- The hot-pursuit exception is inapplicable if the suspect is suspected of a nonjailable traffic offense.
Emergency Situations
- A search without a warrant is authorized whenever there is a reasonable apprehension that the delay required in obtaining the warrant would result in the immediate danger of evidence destruction or the threatened safety of the officer or the public.
Stop and Frisk
- A "stop" is a limited and temporary intrusion on an individual's freedom of movement short of a full custodial arrest.
- A stop is justified on the reasonable suspicion, based upon articulable facts, that the detainees are or were involved in illegal activity.
- Reasonable suspicion can be based on a flyer, a police bulletin, or an informant's tip, but only if the tip is accompanied by sufficient indicia of reliability.
Frisk
- An officer who does not have probable cause to arrest may nonetheless make a limited search of a person he has lawfully stopped, such as a pat-down of the outer clothing, if he has reasonable suspicion that the person was or is involved in criminal activity and that the frisk is necessary for the preservation of his safety or the safety of others.
Terry Stop and Frisk of a Car
- Pursuant to a lawful stop of a vehicle, police may conduct a search of the passenger compartment for weapons, if they have a reasonable belief that the suspect is dangerous and may gain immediate control of weapons.
- Police may order occupants out of a vehicle that they have lawfully stopped.
Limits on Time, Place, and Investigative Method
- A Terry stop must be temporary and last no longer than is necessary to effectuate the purpose of the stop.
- The investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer's suspicion in a short time.
Development of Probable Cause
- If the officer conducting the stop develops probable cause, the officer may then make an arrest and conduct a full search incident to that arrest.
Automobile Exception
- The Fourth Amendment does not require police to obtain a warrant to search a vehicle if they have probable cause to believe that it contains contraband or evidence of a criminal activity.
- The police may search anywhere in a car that they believe there to be contraband, including the trunk and locked containers, so long as they have probable cause to do so.
Pretextual Stop
- Police may use a pretextual stop to investigate whether a law has been violated, even if they have no reasonable suspicion, provided that they have probable cause to believe that the law for which the vehicle was stopped has been violated.
Containers within a Car
- Probable cause to search a vehicle extends only to containers and compartments that reasonably could hold the evidence they are searching for.
- If the police have probable cause to search only a particular container, they may search only that container, and not the entire car.
Plain-View Doctrine
- Items in public view may be seized without a warrant because one cannot have a reasonable expectation of privacy in things that are exposed to the public.
- In situations in which there is a reasonable expectation of privacy, a police officer may seize an item in plain view of the officer, even if the item was not named in the search warrant, as long as the officer is lawfully on the premises, the incriminating character of the item is immediately apparent, and the officer has lawful access to the item.
Consent Searches
- Consent can serve to eliminate the need for police to have probable cause as well as to first obtain a warrant in order to conduct a search.
- For permission to constitute consent, the permission must be given voluntarily.
- The authority of a third party to consent to a search can be an issue, depending on the circumstances.
Third-Party Consent
- When the person from whom consent is sought is not the defendant, in addition to the voluntariness of the permission, the authority of that person to consent can be an issue.
- The defendant can generally suppress evidence seized during a search of property owned or occupied by the defendant, unless the third party has an agency relationship with the defendant that gives to the third party the right to consent on behalf of the defendant, or the defendant otherwise gives the third party such rights with respect to the property that the defendant assumes the risk that the third party would allow the property to be searched.
Jointly Controlled Property
- When the property to be searched is under the joint control of the defendant and a third party, the authority of the third party to consent turns on whether the defendant is present at the time of the search.
- If the property to be searched is under the joint control of the defendant and a third party, and the defendant is not present at the time of the search, then the third party has authority to consent.
- When the property to be searched is under the joint control of the defendant and a third party, and the defendant is present at the time of the search, then the police may not rely on third-party consent if the defendant objects to the search.### Burden of Proof
- The prosecution must prove that permission was freely given, and the defendant is not required to show that the permission was coerced.
Administrative Searches
- Administrative search warrants are generally required for nonconsensual fire, health, or safety inspections of residential or private commercial property.
- Probable cause requirement for administrative searches is less stringent than that for a criminal investigation.
- Evidence of an existing statutory or regulatory violation or a reasonable plan supported by a valid public interest will justify the issuance of a warrant.
Valid Administrative Searches
- Searches of people entering an airplane boarding area, as long as the passenger can prevent the search by not boarding the plane.
- Searches of businesses in highly regulated industries, such as liquor stores, gun shops, strip-mining operations, and automobile junkyards, because of urgent public interest and implied consent to warrantless searches.
- Oral statements seized by wiretaps, when matters of national security are at issue.
- Searches of students by public school officials, based on reasonable grounds, and reasonably related to the objectives of the search.
- Special needs searches, such as drug testing for railroad employees involved in an accident or student athletes during the athletic season.
- Inventory searches of items in official custody, such as impounded vehicles, to protect the owner's property, police from claims of theft, and officers from danger.
- Routine international border searches of border crossers and their belongings within the United States.
- Vehicle checkpoints and roadblocks set up to stop cars on the basis of a neutral articulable standard and designed to serve a limited purpose closely related to the problem of an automobile's inherent mobility.
- Factory searches of the entire work force to determine citizenship of workers.
- Searches of government employees' electronically recorded documents and conduct, file cabinets, and desks if justified by a reasonable suspicion of work-related misconduct or a non-investigatory, work-related need.
- Detention of a traveler whom authorities have reasonable suspicion is smuggling contraband in his stomach.
- Searches of parolees and their homes, even with no reasonable suspicion, when a parolee agrees to submit to searches by a parole officer or police officer at any time as a condition of his parole.
- Seizure of contaminated or spoiled food.
- Searches for the cause of a fire that occurs within a reasonable time after the fire is extinguished, but excluding searches for other evidence unrelated to the cause that would establish that the fire was attributable to arson.
Wiretapping
- To obtain a warrant authorizing a wiretap, officers must satisfy the following requirements:
- The warrant must be limited to a short period of time.
- The warrant must demonstrate probable cause that a specific crime has been or is about to be committed.
- The warrant must name the person or persons to be wiretapped.
- The warrant must describe with particularity the conversations that can be overheard.
- The warrant must include provisions for the termination of the wiretap.
- Upon termination of the wiretap, the conversations that have been intercepted must be shown to the court.
- A person assumes the unreliability of those to whom she speaks and has no Fourth Amendment claim if she finds out later that the listener was wired or recording the conversation.
- A speaker who makes no attempt to keep his conversation private has no Fourth Amendment claim.
- A wiretap related to domestic security surveillance requires that a neutral and detached magistrate—not the president—make the determination that a wiretapping warrant should issue, and the wiretap must comply with the Omnibus Crime Control and Safe Streets Act.
- There is no requirement for prior authorization when a covert entry is planned to install the electronic equipment, or when a pen register is used.
Search Incident to a Lawful Arrest
- A warrantless search is valid if it is reasonable in scope and made incident to a lawful arrest.
- If the arrest is invalid, any search made incident to it is also invalid.
- A search incident to a lawful arrest cannot be made if the suspect is stopped for a traffic offense and given a citation but not arrested.
The Chimel Standard
- A lawful arrest justifies a warrantless contemporaneous search of the person arrested and the immediate surrounding area.
- The "wingspan" of the person arrested includes the area within their immediate control.
- Officers can conduct a "protective sweep" of adjacent areas to ensure their safety, but it must be limited to a quick and limited visual inspection.
Time Limitations (Temporal Unity)
- A search incident to a valid arrest must take place contemporaneously with the arrest to be valid.
Scope of Search
- The search incident to a lawful arrest includes the right to search pockets of clothing and to open containers found inside the pockets.
- The search extends to containers "immediately associated" with the person, such as a shoulder bag or purse.
- The search incident to lawful arrest exception does not extend to an arrestee's cell phone or laptop, and a warrant is required to search digital information.
Vehicle Search Incident to Arrest
- To justify a warrantless search of an automobile incident to arrest, the Fourth Amendment requires that law enforcement demonstrate either:
- That the arrestee is within reaching distance of the passenger compartment at the time of the search and may pose an actual and continuing threat to the officer's safety or a need to preserve evidence.
- That it is reasonable to believe that evidence of the offense of arrest might be found in the vehicle.
Impounded Vehicle
- A legally impounded vehicle may be searched, including closed containers, as part of a routine inventory search.
Exigent Circumstances
- Warrantless entry into a home or business is presumed unlawful unless the government demonstrates both probable cause and exigent circumstances.
- The "totality of the circumstances" test is used to determine the existence of exigent circumstances.
- Police may secure the premises for a reasonable time to enable officers to obtain a warrant when the police have reason to believe that the failure to do so could result in the destruction of evidence.
Hot Pursuit
- If the police have probable cause to believe that an individual has committed a felony and they are pursuing him to arrest him, then they have the right to enter a private building during the pursuit.
- The hot-pursuit exception is inapplicable if the suspect is suspected of a nonjailable traffic offense.
Emergency Situations
- A search without a warrant is authorized whenever there is a reasonable apprehension that the delay required in obtaining the warrant would result in the immediate danger of evidence destruction or the threatened safety of the officer or the public.
Stop and Frisk
- A "stop" is a limited and temporary intrusion on an individual's freedom of movement short of a full custodial arrest.
- A stop is justified on the reasonable suspicion, based upon articulable facts, that the detainees are or were involved in illegal activity.
- Reasonable suspicion can be based on a flyer, a police bulletin, or an informant's tip, but only if the tip is accompanied by sufficient indicia of reliability.
Frisk
- An officer who does not have probable cause to arrest may nonetheless make a limited search of a person he has lawfully stopped, such as a pat-down of the outer clothing, if he has reasonable suspicion that the person was or is involved in criminal activity and that the frisk is necessary for the preservation of his safety or the safety of others.
Terry Stop and Frisk of a Car
- Pursuant to a lawful stop of a vehicle, police may conduct a search of the passenger compartment for weapons, if they have a reasonable belief that the suspect is dangerous and may gain immediate control of weapons.
- Police may order occupants out of a vehicle that they have lawfully stopped.
Limits on Time, Place, and Investigative Method
- A Terry stop must be temporary and last no longer than is necessary to effectuate the purpose of the stop.
- The investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer's suspicion in a short time.
Development of Probable Cause
- If the officer conducting the stop develops probable cause, the officer may then make an arrest and conduct a full search incident to that arrest.
Automobile Exception
- The Fourth Amendment does not require police to obtain a warrant to search a vehicle if they have probable cause to believe that it contains contraband or evidence of a criminal activity.
- The police may search anywhere in a car that they believe there to be contraband, including the trunk and locked containers, so long as they have probable cause to do so.
Pretextual Stop
- Police may use a pretextual stop to investigate whether a law has been violated, even if they have no reasonable suspicion, provided that they have probable cause to believe that the law for which the vehicle was stopped has been violated.
Containers within a Car
- Probable cause to search a vehicle extends only to containers and compartments that reasonably could hold the evidence they are searching for.
- If the police have probable cause to search only a particular container, they may search only that container, and not the entire car.
Plain-View Doctrine
- Items in public view may be seized without a warrant because one cannot have a reasonable expectation of privacy in things that are exposed to the public.
- In situations in which there is a reasonable expectation of privacy, a police officer may seize an item in plain view of the officer, even if the item was not named in the search warrant, as long as the officer is lawfully on the premises, the incriminating character of the item is immediately apparent, and the officer has lawful access to the item.
Consent Searches
- Consent can serve to eliminate the need for police to have probable cause as well as to first obtain a warrant in order to conduct a search.
- For permission to constitute consent, the permission must be given voluntarily.
- The authority of a third party to consent to a search can be an issue, depending on the circumstances.
Third-Party Consent
- When the person from whom consent is sought is not the defendant, in addition to the voluntariness of the permission, the authority of that person to consent can be an issue.
- The defendant can generally suppress evidence seized during a search of property owned or occupied by the defendant, unless the third party has an agency relationship with the defendant that gives to the third party the right to consent on behalf of the defendant, or the defendant otherwise gives the third party such rights with respect to the property that the defendant assumes the risk that the third party would allow the property to be searched.
Jointly Controlled Property
- When the property to be searched is under the joint control of the defendant and a third party, the authority of the third party to consent turns on whether the defendant is present at the time of the search.
- If the property to be searched is under the joint control of the defendant and a third party, and the defendant is not present at the time of the search, then the third party has authority to consent.
- When the property to be searched is under the joint control of the defendant and a third party, and the defendant is present at the time of the search, then the police may not rely on third-party consent if the defendant objects to the search.### Burden of Proof
- The prosecution must prove that permission was freely given, and the defendant is not required to show that the permission was coerced.
Administrative Searches
- Administrative search warrants are generally required for nonconsensual fire, health, or safety inspections of residential or private commercial property.
- Probable cause requirement for administrative searches is less stringent than that for a criminal investigation.
- Evidence of an existing statutory or regulatory violation or a reasonable plan supported by a valid public interest will justify the issuance of a warrant.
Valid Administrative Searches
- Searches of people entering an airplane boarding area, as long as the passenger can prevent the search by not boarding the plane.
- Searches of businesses in highly regulated industries, such as liquor stores, gun shops, strip-mining operations, and automobile junkyards, because of urgent public interest and implied consent to warrantless searches.
- Oral statements seized by wiretaps, when matters of national security are at issue.
- Searches of students by public school officials, based on reasonable grounds, and reasonably related to the objectives of the search.
- Special needs searches, such as drug testing for railroad employees involved in an accident or student athletes during the athletic season.
- Inventory searches of items in official custody, such as impounded vehicles, to protect the owner's property, police from claims of theft, and officers from danger.
- Routine international border searches of border crossers and their belongings within the United States.
- Vehicle checkpoints and roadblocks set up to stop cars on the basis of a neutral articulable standard and designed to serve a limited purpose closely related to the problem of an automobile's inherent mobility.
- Factory searches of the entire work force to determine citizenship of workers.
- Searches of government employees' electronically recorded documents and conduct, file cabinets, and desks if justified by a reasonable suspicion of work-related misconduct or a non-investigatory, work-related need.
- Detention of a traveler whom authorities have reasonable suspicion is smuggling contraband in his stomach.
- Searches of parolees and their homes, even with no reasonable suspicion, when a parolee agrees to submit to searches by a parole officer or police officer at any time as a condition of his parole.
- Seizure of contaminated or spoiled food.
- Searches for the cause of a fire that occurs within a reasonable time after the fire is extinguished, but excluding searches for other evidence unrelated to the cause that would establish that the fire was attributable to arson.
Wiretapping
- To obtain a warrant authorizing a wiretap, officers must satisfy the following requirements:
- The warrant must be limited to a short period of time.
- The warrant must demonstrate probable cause that a specific crime has been or is about to be committed.
- The warrant must name the person or persons to be wiretapped.
- The warrant must describe with particularity the conversations that can be overheard.
- The warrant must include provisions for the termination of the wiretap.
- Upon termination of the wiretap, the conversations that have been intercepted must be shown to the court.
- A person assumes the unreliability of those to whom she speaks and has no Fourth Amendment claim if she finds out later that the listener was wired or recording the conversation.
- A speaker who makes no attempt to keep his conversation private has no Fourth Amendment claim.
- A wiretap related to domestic security surveillance requires that a neutral and detached magistrate—not the president—make the determination that a wiretapping warrant should issue, and the wiretap must comply with the Omnibus Crime Control and Safe Streets Act.
- There is no requirement for prior authorization when a covert entry is planned to install the electronic equipment, or when a pen register is used.
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Description
This quiz covers the rules and regulations surrounding search incident to lawful arrest, including the Chimel standard and warrantless searches.